WRITTEN QUESTION E-3888/03 by Jan Mulder (ELDR) to the Commission. Winding-up of contracts in the Eurostat affair.
Date: 2003-12-16
Institutions: European Parliament, Provisional data
Subjects: Eurostat, administration of the Institutions, claim, provision of services, subcontracting, termination of a contract

C 78 E/872

Official Journal of the European Union

EN

27.3.2004

Answer given by Ms de Palacio on behalf of the Commission

(4 February 2004)

To date, as specified in the Commission’s proposal for a Regulation on the future structures for the
1.
management of the Galileo satellite radionavigation programme (1), it has been proposed only to set up a
‘Supervisory Authority’ responsible for representing and defending public interests during the deployment
and operational phases of the programme. Its staff will be limited in number (less than 50 people), so
unfortunately this will not solve the problem of the 1 300 jobs lost in Cittaducale. Moreover, the duties
performed by this public authority will be very different from the work of a private company.

2. Work on this proposal for a Regulation has only just begun in the Council and the question of the
Supervisory Authority’s headquarters has not yet been discussed.

(1) COM(2003) 471 final.

(2004/C 78 E/0925)

WRITTEN QUESTION E-3888/03

by Jan Mulder (ELDR) to the Commission

(16 December 2003)

Subject: Winding-up of contracts in the Eurostat affair

As a result of the irregularities uncovered earlier this year at Eurostat, on 23 July 2003 the European
Commission terminated its contracts with the company CESD-Communautaire. A number of firms worked
as subcontractors to CESD-Communautaire. These bona fide subcontractors are in danger of being the
victims of the situation that has arisen as a result of claims on CESD-Communautaire not being paid.

1.
As the Internal Audit Department completed its screening of all Eurostat contracts on 27 October
2003, can the Commission explain how it intends to deal with claims from bona fide subcontractors of
firms whose contracts have been cancelled by the European Commission as a result of the Eurostat affair?

In its answer will the Commission cover claims on CESD-Communautaire in general, and sub-project

2.
RU51NL in particular?

Answer given by Mr Solbes Mira on behalf of the Commission

(20 February 2004)

On 23 July 2003 the Commission instructed its departments to terminate its existing contractual
relationships with four bodies in accordance with the terms laid down in the contract. However, the
termination of the contracts in question did not release the Commission from the obligation to pay the
remuneration for the parts of the contracts that had been performed. The bodies were accordingly paid for
the services they had rendered where there was no dispute regarding the assessment of the work.

In the case of the subcontractors, as a rule, the relationships between the Community’s contractors and any
subcontractors they use are governed exclusively by agreements concluded between these parties, and the
Community is not bound by such agreements. This is the case with the claims held by the subcontractors
of CESD-Communautaire (1) in respect of the project referred to by the Honourable Member. However, in
so far as the Commission has paid CESD-Communautaire for the services rendered, there is to the
Commission’s knowledge nothing to stop CESD-Communautaire paying off any money it owes its
subcontractors.

(1)

‘Centre européen de formation des statisticiens économistes des pays en voie de développement.’