WRITTEN QUESTION P-3809/02 by Vitaliano Gemelli (PPE-DE) to the Commission. Procedure for appointing senior Commission officials.
Date: 2002-12-19
Institutions: European Parliament, Provisional data
Subjects: European Commission, European official, administrator, appointment of staff, competition (EU), professional career, promotion, public safety, regulations for civil servants

10.7.2003

EN

Official Journal of the European Union

C 161 E/147

(2003/C 161 E/151)

WRITTEN QUESTION E-3807/02

by Caroline Jackson (PPE-DE) to the Commission

(7 January 2003)

Subject: EU classification of incinerator ash

Can the Commission confirm that in January 2001 it decided to omit bottom ash from incinerators from
its classification of inert waste and that this decision should have been implemented by Member States by
1 January 2002?

If this is correct, can the Commission please advise what classification status incineration bottom ash
currently holds?

Answer given by Mrs Wallström on behalf of the Commission

(19 February 2003)

Bottom ash from incinerators is included in the European list of waste established by Commission Decision
2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant
to
Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list
of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (1).

This list distinguishes between non-hazardous and hazardous waste as defined in Council Directive 91/
689/EC of 12 December 1991 on hazardous waste (2), but it does not classify wastes as inert or non-inert.

Bottom ashes from incinerators are included in two separate entries of the list appended to Commission
Decision 2000/532/EC:

(cid:1) Entry 19 01 11* bottom ash and slag containing dangerous substances includes bottom ashes that are
rendered hazardous because they contain substances that have been or that will be classified as
hazardous in Council Directive 67/548/EEC of 27 June 1967 on the approximation of
laws,
regulations and administrative provisions relating to the classification, packaging and labelling of
dangerous substances (3), at such concentrations that the waste presents one or more of the properties
listed in Annex III to Directive 91/689/EC on hazardous waste;

(cid:1) Entry 19 01 12 bottom ash and slag other than those mentioned in 19 01 11 includes bottom ashes

from incinerators that are not hazardous.

Member States were to take the measures necessary to comply with this Decision no later than 1 January
2002.

(1) OJ L 226, 6.9.2000.
(2) OJ L 377, 31.12.1991.
(3) OJ P 196, 16.8.1967.

(2003/C 161 E/152)

WRITTEN QUESTION P-3809/02

by Vitaliano Gemelli (PPE-DE) to the Commission

Subject: Procedure for appointing senior Commission officials

(19 December 2002)

On 30 July 2002 the Commission published a notice of vacancy (COM/122/02) for the post of director of
security (1).

Under the selection procedure for this vacancy, the successful candidate may be chosen either from among
the Commission’s existing staff or by ‘a procedure other than the competition procedure’.

C 161 E/148

Official Journal of the European Union

EN

10.7.2003

Can the Commission state the grounds on which it has decided, in this case, simultaneously to open the
procedure provided for in Article 29 of the Staff Regulations, given that in the past the procedure for A2
posts has always been to examine internal applications first and to consider external applications only if no
internal candidate is found suitable?

Does the Commission not consider that this decision sets a precedent running counter to both the
legitimate expectations of officials as regards career questions and the obligation to practise sound and
properly-balanced human resources management?

(1) OJ C 181, 30.7.2002, p. 1.

Answer given by Mr Kinnock on behalf of the Commission

(17 February 2003)

Article 29(2) of the Staff Regulations allows for the publication of grade A1 or A2 posts outside the
1.
Institutions. The Commission has, from time to time, published vacancies externally, particularly for
positions that require specific qualifications and/or in order to encourage a wide spectrum of applicants.

The post of Director for Security is obviously a very specialised function with a distinctive profile. It
therefore necessitates both specific expertise and related experience.

2.
Recognising those realities, in this precise case the Commission considered it appropriate to publish
the post both internally and externally in order to save time. The aim of this decision was also to attract
the largest possible number of candidates from a variety of backgrounds who would meet the necessary
relevant qualifications. The fact that 39 applications were received demonstrates,
in the view of the
Commission, that this was an appropriate strategy.

The Commission does not consider that this procedure constitutes a practice which will jeopardise
3.
the legitimate career expectations of European officials. The procedure used does not adversely affect the
chances of existing officials to be successful for such a position, particularly since such parallel publication
enables officials who do possess the appropriate profile for the post concerned, but lack the necessary
seniority within the terms of the internal publication, to apply for the post.

(2003/C 161 E/153)

WRITTEN QUESTION E-3811/02

by Charles Tannock (PPE-DE) to the Commission

(9 January 2003)

Subject: The ongoing problem relating to the evaluation of fenthion

On 16 January 2000, Commissioner Byrne, in answer to Written Question E-3552/00 (1) by the Greek
Member Mr Papayannakis, stated that ‘Article 8 of Directive 91/414/EEC (2) provides for a derogation
during a period of 12 years (until 25 July 2003) for Member States to continue to authorise plant
protection products containing active substances not included in Annex 1 of the Directive on the basis of
the general safety requirements of Article 4 of the Directive and national data requirements’, that during
this period ‘the Commission shall implement a program for gradual examination of the active substances’,
that ‘fenthion is one of the active substances currently being evaluated under Commission Regulation (EEC)
No 3600/92 (3)’ and that it was expected that ‘the Commission will be able to adopt a decision on fenthion
in early 2001’. The Commission also indicated that it would inform the Parliament and Council by July
2001 on progress with the re-evaluation programme.

On 22 October 2001, in answer to my Written Question E-2883/01 (4), Commissioner Byrne stated that
‘the Community evaluation of
fenthion has almost been finalised and the Commission will, after
consultation of the Scientific Committee on Plants, propose as soon as possible a decision on fenthion,
which will also address the acceptable ways of application’.