WRITTEN QUESTION E-3493/02 by Colette Flesch (ELDR) to the Commission. Re-posting to Brussels of two staff members of the Commission's Paris Representation.
Date: 2002-12-09
Institutions: European Parliament, Provisional data
Subjects: EU control, European Anti-fraud Office, European Commission, European official, fraud against the EU, reassignment, rights of the defence

7.11.2003

EN

Official Journal of the European Union

C 268 E/37

Answer given by Mr Monti on behalf of the Commission

(27 January 2003)

The Commission can confirm that it is investigating various aspects of the corporation tax regime in
Gibraltar. On 11 July 2001, it opened formal State aid investigations into Gibraltar’s exempt companies
and qualifying companies (1). Following the annulment, on procedural grounds, of its Decision on exempt
companies (2), the Commission proposed to the United Kingdom on 27 November 2002 the phasing out
of the exempt company regime, by the end of 2005 at the latest (3). On 16 October 2002, the Commission
opened a formal State aid investigation into Gibraltar’s proposed reform of its company taxation laws (4).
The Commission has not focussed on any alleged discrimination between Member States in any of these
investigations, nor has any reference been made to Electricité de France.

In order for any measure, including lower rates of corporation tax, to fall within the scope of the State aid
rules, it must satisfy the four criteria set out in Article 87(1) of the EC Treaty. The measure must confer an
advantage on its beneficiaries; the measure must be financed through State resources; the advantage must
be selective; and, the measure must distort, or threaten to distort trade and competition between Member
States.

The EC Treaty establishes, in Articles 94 and 95, that harmonisation of rates of corporate taxation between
Member States requires unanimity in the Council of Ministers.

The legislative proposals of the Commission (5) on the creation of the Single European Sky do not contain
any ‘exclusion’ clause for Gibraltar.

(1) OJ C 26, 30.1.2002.
(2) Case T-195/01, Government of Gibraltar v Commission, ECR [2002] p. II 2309.
(3) See Commission press release IP/02/1748.
(4) OJ C 300, 4.12.2002.
(5) OJ C 362 E, 18.12.2001 and OJ C 103 E, 30.4.2002.

(2003/C 268 E/042)

WRITTEN QUESTION E-3493/02

by Colette Flesch (ELDR) to the Commission

(9 December 2002)

Subject: Re-posting to Brussels of two staff members of the Commission’s Paris Representation

There have recently been press reports of suspected irregularities by the Commission’s Directorate-General
for Press in the management of grants awarded in France under the information policy and the opening of
an investigation by OLAF and the recall to Brussels of two staff members of the Commission’s Paris
Representation.

Can the Commission clarify the position?

Can it explain its press release to the effect that ‘to avoid any appearance of conflicts of interest, it has
been decided in the interest of the service to post two officials from the Commission Representation in
Paris to Brussels’?

Given that the two staff members concerned have been named in the press, can the Commission provide
any assurance, and if so what, that their right to presumption of innocence has been fully safeguarded?

Can the Commission explain the link,
Federation of Europe Houses?

if any, between the investigation opened by OLAF and the

C 268 E/38

Official Journal of the European Union

EN

7.11.2003

Answer given by Mr Prodi on behalf of the Commission

(31 January 2003)

is in the process of conducting an investigation and all
As the European Anti-Fraud Office (OLAF)
information obtained in that context is confidential, as stipulated by Regulation (EC) No 1073/1999 (1), the
Commission is unable to provide more details of this matter at present.

In particular, as regards the decision to move two officials working in the Commission’s Paris
Representation within the same Directorate-General, it should be recalled that this was a precautionary
measure, the aim being to ensure that the investigation was held under the best possible conditions. This
decision does not in any way prejudice the presumption of their innocence.

As regards the fact that the two officials were mentioned by name in the press, the Commission can only
reiterate that it has never at any time divulged the names of the persons under investigation.

On 19 December 2002 the Commission announced that there was nothing in the organisation of OLAF’s
investigation to prevent the precautionary measures referred to above from being rescinded.

OLAF’s investigation continues.

(1) Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning

investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 136, 31.5.1999.

(2003/C 268 E/043)

WRITTEN QUESTION E-3495/02

by Camilo Nogueira Román (Verts/ALE) to the Commission

(10 December 2002)

Subject: Construction of a golf course in O Grove (Galicia) in a Natara Network area

The construction of a new golf course on the Sirandela hills (O Grove) in Galicia could have a serious
ecological impact. Various animal species living there are protected under the Natura 2000 programme,
which also covers the area’s flora. The future golfing complex respects neither the area’s biodiversity nor
the existence of the O Vao sandy isthmus nor the sand dunes of Umia-Grove, which means that the
ecological damage caused could be very extensive.

Has the Commission thought of asking the Junta da Galiza and the Spanish Environment Ministry to
provide the information needed to clarify the issue? Is this scheme receiving Community funding?

Answer given by Mrs Wallström on behalf of the Commission

(27 January 2003)

The Honourable Member has expressed his concern in relation to the implementation of a project to build
a new golf course in O Grove, Galicia.

According to the information provided by the Honourable Member, the golf course will be constructed
close to Sirandela hills. With this data, it has not been possible to identify the exact location of the golf
course but it seems that the project could be carried out outside of the Natura 2000 site Complexo Ons-O
Grove, ES1140004, but close to it.

The construction of golf courses neither included in Annex I nor in Annex II of Council Directive 85/337/
EEC (1) of 27 June 1985 on the assessment of the effects of certain public and private projects on the
environment amended by Council Directive 97/11/EC (2).