WRITTEN QUESTION E-1438/03 by Gabriele Stauner (PPE-DE) to the Council. Reform of the disciplinary procedure.
Date: 2003-04-24
Institutions: European Parliament, Provisional data
Subjects: European official, administrative reform, disciplinary proceedings, drafting of EU law, operation of the Institutions, regulations for civil servants, servant (EU)

C 51 E/92

Official Journal of the European Union

EN

26.2.2004

Reply

(2 October 2003)

The Council would like to inform the Honourable Parliamentarians that the ECMT at its most recent
session in Brussels (23/24 April 2003) has adopted important measures so as to curb any possible
improper use of the ECMT permits. A reform of the use of permits was decided with the introduction of
provisions restricting the period during which hauliers are allowed to perform road haulage, by obliging
permits holders to return to their country of registration after a maximum period of six weeks. These
provisions will be implemented for a probationary period of one year from 1 January 2004. An evaluation
of the efficiency of this measure will take place at the end of this period.

Furthermore the ECMT, at that same session, adopted a resolution for an improved management of the
ECMT multilateral quota. The resolution contains a number of measures aiming at improving the exchange
of information on the actual use of the ECMT permits.

(2004/C 51 E/103)

WRITTEN QUESTION E-1438/03

by Gabriele Stauner (PPE-DE) to the Council

(24 April 2003)

Subject: Reform of the disciplinary procedure

As part of the reform of the Staff Regulations, the Commission has proposed changes to the disciplinary
procedure.

At present, disciplinary proceedings that have been concluded can be reopened, at the request of the
official concerned, and also on the initiative of the Appointing Authority, if there are new facts, supported
by relevant evidence, that cast a different light on the official’s behaviour.

Under the Commission proposal, only the official concerned will in future be able to have disciplinary
proceedings reopened.

In practice this would mean that the Appointing Authority’s hands would be tied if it came upon new,
incriminating evidence of misconduct by an official who previously had been cleared and not subject to
any disciplinary measures.

Does the Council consider that this is a well-advised change to the current regulations? If so, why?

If not, will it ask the Commission to withdraw its proposal?

Reply

(2 October 2003)

The Council would remind the Honourable Member that, in accordance with Article 283 of the Treaty
establishing the European Community, the Staff Regulations of officials of the European Communities and
the Conditions of Employment of other servants of those Communities are laid down by the Council,
acting by a qualified majority on a proposal from the Commission and after consulting the other
institutions concerned.

The proposal for a Council Regulation amending the Staff Regulations of officials and the Conditions of
Employment of other servants of the European Communities (Revision of the Staff Regulations)
is
currently being examined by the Council’s subordinate bodies. Under the procedure provided for, the
European Parliament will have an opportunity to put its position on this point.