WRITTEN QUESTION E-0344/04 by Gabriele Stauner (PPE-DE) to the Commission. Conseillers hors classe.
Date: 2004-02-10
Institutions: European Parliament, Provisional data
Subjects: European Commission, European official, administration of the Institutions, administrative sanction, personnel administration, reassignment

C 84 E/366

Official Journal of the European Union

EN

3.4.2004

primary importance for the environment or further to an opinion of the Commission to other imperative
reasons of overriding public interest.

Finalising the establishment of the network of Special Protection Areas in France and other Member States
will provide a strong legal basis to ensure that potentially damaging developments in areas of high
conservation importance for wild birds are brought under this protection regime.

(1) See for example the review prepared by BirdLife International on behalf of the Berne Convention at:

http://www.coe.int/t/e/Cultural_Co-operation/Environment/Nature_and_biological_diversity/Nature_protection/
sc22_inf30erev.pdf

(2) OJ L 175, 5.7.1985 and OJ L 73, 14.3.1997 respectively.
(3) Special Protection Areas under Article 4 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of
wild birds, OJ L 103, 25.4.1979 and Special Areas of Conservation under Article 4 of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992.

(2004/C 84 E/0424)

WRITTEN QUESTION E-0344/04

by Gabriele Stauner (PPE-DE) to the Commission

(10 February 2004)

Subject:

‘Conseillers hors classe’

Can the Commission state how many former officials are working for DG ADMIN as so-called ‘conseillers
hors classe’?

How many of these officials temporarily suspended from work are to be found in the Commission’s other
Directorate-Generals?

Can the Commission confirm, in this context, how many officials are currently suspended as a result of
ongoing disciplinary procedures, whilst continuing to be on the payroll?

Answer given by Mr Kinnock on behalf of the Commission

(18 March 2004)

As an appointing authority the Commission may, under the provisions of the Staff Regulations and
associated operational rules, decide to reassign an official from a management position to a non-manage-
ment function at any time, if it considers this to be in the interest of the service. In this context, the
non-managerial function for Directors General and Deputy Directors General
is ‘hors classe adviser’.
An assignment to these functions can be for various periods of time and the tasks and responsibilities of
these officials are defined by the relevant appointing authority.

As the Commission has previously made clear, a ‘Conseiller hors classe’ is not a ‘former’ official and such a
designation certainly does not carry the meaning that the official is ‘suspended from work’.

In the case of suspension, which a provisional measure of a disciplinary nature and not an administrative
measure, the official concerned ceases to exercise any function in the institution for the duration of the
suspension. Under Article 88 of the Staff Regulations, the appointing authority may decide to suspend an
official only when allegations of serious misconduct are brought against that person

Currently, two ‘hors classe advisers’ are working for Directorate General (DG) Personnel and Adminis-
tration and three others are employed in DG Development, DG Regional Policy, and in the Office for
administration and payment of individual entitlements respectively.

3.4.2004

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Official Journal of the European Union

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Four Commission officials (who are not ‘hors classe advisers’) are currently suspended from their functions
in the context of ongoing disciplinary procedures being conducted because of allegations of serious
misconduct.

(2004/C 84 E/0425)

WRITTEN QUESTION E-0345/04

by Eluned Morgan (PSE) to the Commission

(10 February 2004)

Subject: Trans-European Transport Networks

Does the Commission agree that the development of the Trans-European Transport Networks should take
into account existing wildlife sites such as Natura 2000 sites?

Does the Commission intend to carry out a full strategic environmental assessment to ensure that negative
impacts on the environment are minimised?

Answer given by Mrs de Palacio on behalf of the Commission

(29 March 2004)

The development of the Trans-European Transport (TEN-T) network takes into account existing Wildlife
and the Natura 2000 sites as follows:

(cid:1) Decision No 1692/96 on the Community guidelines (1) currently being revised by the European
Parliament and the Council of Ministers, makes clear that any TEN-T project must fully comply with
EU environmental legislation. According to Council Directive 85/337/EEC of 27 June 1985, on the
assessment of the effects of certain public and private projects on the environment (2), Member States
must carry out an environmental assessment. At the level of plans and programmes, they have to
implement the Directive of the Parliament and of the Council on the assessment of the effects of
certain plans and programmes on the environment (3) by July 2004. Article 6 of the Habitats
Directive (4) also requires Member States to assess plans (and projects) in relation to their impact on
Natura 2000 sites;

(cid:1) the Commission has carried out an Extended Impact Assessment of its proposal to revise the TEN-T
Guidelines on 1 October 2003 (5) including the evaluation of environmental, economic and social
impacts by taking interrelations of projects, corridors and modes into consideration as well as traffic
and economy forecast for alternatives. The study included the analysis of the proximity of the priority
projects with Natura 2000 sites;

(cid:1) the Commission makes sure that before any Community funding is granted, evidence of

the
application of Community environmental legislation is shown. For this purpose, in the allocation of
the TEN-budget since 2001, the Commission requests a specific declaration by the authority in the
the procedure
Member State responsible for monitoring of Natura 2000 sites, confirming that
specified in Article 6 of the Habitats Directive has been followed.

(1) Decision No 1692/96/EC of the Parliament and of the Council of 23 July 1996 on Community guidelines for the

development of the trans-European transport network, OJ L 228, 9.9.1996.

(2) OJ L 175, 5.7.1985 amended by Council Directive 97/11/EC of 3 March 1997, OJ L 73, 14.3.1997.
(3) Directive 2001/42/EC of the Parliament and of the Council of 27 June 2001, OJ L 197, 21.7.2001.
(4) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

OJ L 206, 22.7.1992.

(5) Commission staff working paper SEC(2003) 1060.