WRITTEN QUESTION E-2729/02 by Emmanouil Bakopoulos (GUE/NGL) to the Commission. Advisor responsible for competition hearings.
Date: 2002-09-30
Institutions: European Parliament, Provisional data
Subjects: appointment of staff, audit, competition law, self-employed person

10.7.2003

EN

Official Journal of the European Union

C 161 E/33

Answer given by Mr Prodi on behalf of the Commission

(29 October 2002)

In the interests of openness and transparency, the Commission has taken the decision to publish all reports
relating to the analysis of public opinion.

The opinion poll referred to by the Honourable Member (Eurobarometer 56.3) is one of the National
Reports (Special Eurobarometers) that are now undertaken in order to satisfy demands made in the
Member States for more detailed descriptions of public opinion on specific issues.

These National Reports are essentially working documents rather than official documents and, like other
working documents, they are therefore usually available in only one language, unlike the Standard
Eurobarometer, which is published in the three languages most widely used by the Commission. It is,
however, the Commission’s intention to publish all future reports on Belgium in both Dutch and French.
For the Honourable Member’s information, efforts will be made to ensure that the next National Report to
be released at the end of October 2002 will be published simultaneously in both languages.

Council Directive 2000/43/EC relates solely to discrimination on grounds of race or ethnic origin. This
means that it applies to discrimination on the basis of language only where there is an indirect link to the
type of discrimination covered by the Directive. This is not the case here.

(2003/C 161 E/035)

WRITTEN QUESTION E-2729/02

by Emmanouil Bakopoulos (GUE/NGL) to the Commission

Subject: Advisor responsible for competition hearings

(30 September 2002)

The Commission has recently strengthened the role of the advisor responsible for competition hearings,
making him the guardian of basic procedural rights such as the right to a hearing and the right to access
to Commission files. At the same time, the advisor is no longer part of the Directorate-General for
is answerable to the Commissioner responsible for
Competition but,
competition policy.

for reasons of

transparency,

Who specifically is responsible for recruiting the advisor and on the basis of what criteria? Who assumes
responsibility for his actions?

Answer given by Mr Monti on behalf of the Commission

(4 December 2002)

To ensure full protection of the defence rights of firms that are involved in proceedings under the
competition rules (Articles 81 and 82 of the EC Treaty and merger control regulation), the Commission
Decision of 23 May 2001 on the terms of
reference of hearing officers in certain competition
proceedings (1) expanded the duties and altered the administrative status of hearing officers.

To ensure full independence from the Directorate-General responsible for investigating cases, the hearing
officer is now attached to the Member of the Commission with special responsibility for competition.

The procedure for selecting and appointing hearing officers is carried out in accordance with the Staff
Regulations, but it is also designed to preserve their independence with regard to the Directorate-General
concerned.

The Commission assumes responsibility for the actions of the hearing officer.

(1) OJ L 162, 19.6.2001