WRITTEN QUESTION E-1268/02 by Vitaliano Gemelli (PPE-DE) to the Commission. Criteria for the selection of directors-general and other senior staff in the Commission.
Date: 2002-05-06
Institutions: European Parliament, Provisional data
Subjects: European Commission, European official, administrative procedure, administrator, advisory committee (EU), appointment of staff, civil servants’ union, equal treatment

14.11.2002

EN

Official Journal of the European Communities

C 277 E/173

(2002/C 277 E/196)

WRITTEN QUESTION E-1267/02

by Jaime Valdivielso de Cué (PPE-DE) to the Commission

(6 May 2002)

Subject: Fisheries

On 18 April 2002, the European Court of Justice upheld a series of complaints made by Spain against the
anchovy quota exchanges carried out by Portugal and France since 1996 under a number of EU (Council)
fisheries regulations, which had enabled the French fleet to obtain a larger quota for that species in the Bay
of Biscay.

The Court recognised that, following this cession of the Portuguese quota to France, Spain had not
received, as it should have under the terms of its Act of Accession, 90 % of the catch possibilities in the
Bay of Biscay, and concluded that the anchovy allocation in that zone had been modified with no
justification whatever, to the disadvantage of Spain.

When will the Commission amend the regulations concerned, so as to put an end to a state of affairs
which has now been ruled irregular by the Court of Justice?

What steps will the Commission take to compensate all the households which have suffered from these
circumstances for the past eight years?

Will France be penalised in any way for engaging in practices contrary to Community law?

Answer given by Mr Fischler on behalf of the Commission

(14 June 2002)

As a follow up of the recent ruling by the European Court of Justice on the subject, the Commission will
propose the deletion of the footnote allowing the transfer of anchovy between ICES areas IX and VIII in
the framework of the first amendment of Council Regulation (EC) No 2555/2001 of 18 December 2001
fixing for 2002 the fishing opportunities and associated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in
catch are required (1).

Following this ruling of the Court, it is not up to the Commission to provide any compensation. Spain did
not argue and the judgement did not establish that any damages were sustained.

As to possible sanctions to France, it is to be borne in mind that France acted in conformity with Council
Regulations. The annulment of those Regulations does not have the result that the French acts on the basis
of that Regulation should retroactively be considered to be contrary to Community law.

(1) OJ L 347, 31.12.2001.

(2002/C 277 E/197)

WRITTEN QUESTION E-1268/02

by Vitaliano Gemelli (PPE-DE) to the Commission

(6 May 2002)

Subject: Criteria for the selection of directors-general and other senior staff in the Commission

In its answer of 13 December 2001 to Written Question E-2973/01 (1) the Commission pointed out that it
had already taken measures ‘to further strengthen procedures for selection and nomination of officials to
senior posts’ in December 2000.

C 277 E/174

Official Journal of the European Communities

EN

14.11.2002

The Commission subsequently decided to use outside consultants to draw up individual job profiles and,
if appropriate, to assist the Consultative Committee on Appointments (CCA) during interviews with
candidates ‘to ensure the appointment of candidates who are of the highest qualification and merit, and that
proper account is taken of the quality of their record of performance in management’.

In this context, the union representing R & D officials has repeatedly expressed severe criticism of the
procedures and methods for assessing and selecting candidates for senior posts.

How does the Commission view the attitude of the R & D union and what steps has it taken or does it
intend to take to reestablish the facts if the accusations of nepotism inside and outside the Comission made
by the union (advance knowledge of the names of candidates to be chosen) should prove to be groundless?

If they do not, does the Commission not consider this is precisely what causes ‘serious, lasting imbalances
affecting any nationality in terms of appointments of senior managers’, as emerges from the list of Italian
senior officials?

(1) OJ C 147 E, 20.6.2002, p. 71.

Answer given by Mr Kinnock on behalf of the Commission

(21 June 2002)

The Commission re-affirms its commitment to abiding by the provisions of Article 27 of the Staff
Regulations which explicitly states that no posts are to be reserved for nationals of any specific Member
State. The Honourable Member is aware, from the answer to his written question E-2973/01 (1), of the
measures which have been introduced to further strengthen procedures for the selection and nomination
of officials to senior posts.

With regard to the views of the R & D union concerning these selection procedures, the Commission
would refer the Honourable Member to its reply of 25 March 2002 to written question E-0286/02 by
Mr Cossutta (2).

The Commission re-affirms its commitment to the principle of avoiding any serious, lasting imbalance
affecting any nationality in terms of appointments of senior managers, as set out in its decision of
21 December 2000 (3).

In accordance with Article 27 of the Staff Regulations the Commission is continually monitoring the
geographical balance with regard to all senior officials. The Commission does not consider that the current
situation warrants exceptional measures but will, of course, keep the matter under constant review.

(1) OJ C 147 E, 20.6.2002, p. 71.
(2) OJ C 205 E, 29.8.2002, p. 102.
(3) SEC(2000) 2305/5.

(2002/C 277 E/198)

WRITTEN QUESTION E-1271/02

by Stavros Xarchakos (PPE-DE) to the Commission

(6 May 2002)

Subject: Problems relating to implementation of Directive on withdrawal of vehicles

According to numerous articles in the Greek press, on 1 July 2002 Community Directive 2000/53/EK (1)
will also enter into force in Greece. Under that directive, all new cars sold will have a specific age limit
determined by the automobile industry. When these vehicles reach the end of their ‘life cycle’, they will be
handed in to dealers for compulsory scrapping.