WRITTEN QUESTION E-3483/03 by Richard Corbett (PSE) to the Commission. Use of documents as evidence of criminal activity.
Date: 2003-11-24
Institutions: European Parliament, Provisional data
Subjects: EU control, criminal investigation department, judicial cooperation, organised crime, police cooperation, restrictive trade practice, type of business

27.3.2004

EN

Official Journal of the European Union

C 78 E/291

More specifically, the rights of people with disabilities are directly concerned in relation to a number of
Community measures:

(cid:1) In the area of anti-discrimination, Article 13 of

the Amsterdam Treaty is the basis for taking
‘appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief,
disability, age or sexual orientation.’ The Article is not specially designed for people with disabilities
takes a horizontal approach with regard to measures against discrimination. Within this
but
framework,
the Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation (2) as well as Council Decision 2000/
750/EC of 27 November 2000 establishing a Community action programme to combat discrimination
(2001 to 2006) were adopted (2). The Commission intends to launch a public consultation (Green
Paper) in Spring 2004 on the future strategy to combat discrimination.

(cid:1) The Council Decision 2001/903/EC of 3 December 2001 on the European Year of People with
Disabilities 2003 (3) stipulates in Article 2 its objectives as (cid:1) inter alia (cid:1) ‘to raise awareness of the
rights of people with disabilities to protection against discrimination and to full and equal enjoyment
of their rights.’

(cid:1) Through its Communication ‘Towards a United Nations legally binding instrument to promote and
protect the rights and dignity of persons with disabilities’ (4), the Commission has underlined its
support for further progress regarding the rights of people with disabilities.

(1) COM(2003) 0650 final.
(2) OJ L 303, 2.12.2000.
(3) OJ L 335, 19.12.2001.
(4) COM(2003) 0016 final.

(2004/C 78 E/0291)

WRITTEN QUESTION E-3483/03

by Richard Corbett (PSE) to the Commission

(24 November 2003)

Subject: Use of documents as evidence of criminal activity

If, in the course of an investigation of a cartel arrangement, the Commission finds evidence of unrelated
criminal activity or links between the company concerned and organised crime, can it notify the relevant
judicial or police authorities?

If not, will the Commission put forward proposals to change the law in order to enable it to do so?

Answer given by Mr Monti on behalf of the Commission

(16 December 2003)

During company inspections ordered by Commission decision pursuant to Article 14(3) of Regulation
No 17 (1), the national competition authorities cooperate and lend their assistance where necessary to the
Commission officials. In certain countries, national procedures also require police officers to be present
during the proceedings.

If a criminal activity were to be discovered during the inspection, the representatives of the national
authorities would report the matter to the judicial or police authorities of the country concerned in
accordance with the applicable national procedures. In certain countries, where CID officers attend the
Community inspections, these could take immediate action under national law.

In view of the foregoing, there is therefore no need for changes to be made to the rules governing the
involvement of Community officials in company inspections.

(1) Council Regulation No 17 of 6 February 1962: First Regulation implementing Articles 85 and 86 of the Treaty,

OJ P 13, 21.2.1962.