WRITTEN QUESTION E-0576/04 by Philip Claeys (NI) to the Commission. Electioneering activities of Romano Prodi.
Date: 2004-02-26
Institutions: European Parliament, Provisional data
Subjects: Italy, President of the Commission, duties of civil servants, election campaign, political figure, politics

3.4.2004

EN

Official Journal of the European Union

C 84 E/631

As the Commission reported in its reply to the Honourable Member’s Written Question E-3061/02,
2.
officials on such leave continue to be subject to the provisions of Article 12 of the Staff Regulations which
require officials to obtain permission before engaging in any outside activity, and which allow for refusal
of permission, or imposition of conditions, where it is considered that the activity would otherwise be
‘detrimental to the work of the Communities’. The Commission would consider conflict of interest as being
‘detrimental’ to the Community, and would thus take appropriate action to prevent such conflicts.
Meanwhile, Article 17 requires officials (cid:1) whether in activity or on leave on personal grounds (cid:1) not to
disclose to unauthorised persons ‘information not already made public’. Any official working in the private
sector and making use of such privileged information would be considered to have infringed this
obligation and would thus be at risk of disciplinary proceedings.

Until 2003, the examination of the files related to outside activity was done by the Directorate-General to
which the official belonged, or by the Directorate-General for Personnel and Administration, depending on
his or her grade. In order to reinforce that control, in 2003 the Commission introduced a procedure
involving both Directorates-General. A website on the Personnel and Administration Directorate General
Intranet was created on 15 December 2003 in order to improve officials’ access to information and rules
related to leave on personal grounds. Furthermore, the application forms to be filled in when requesting
such leave have been modified to allow a better analysis of the request from the official.

Further decisions on relevant matters are being prepared by the Commission in the light of
amendments made to the Staff Regulations which enter into force on 1 May 2004.

the

The presence of an official on leave for personal grounds within G-Plus, the company subcontracted
3.
by ASCII, led to the suspension of the Europa contract on 27 September 2002 so that an examination
could take place in the light of the problems of perception that had arisen.

The Honourable Member may wish to note that on 9 October 2002 G-Plus informed the Commission of
its decision to withdraw from the consortium established by ASCII
for the implementation of the
framework contract. The Commission subsequently re-activated its contract with ASCII.

(2004/C 84 E/0709)

WRITTEN QUESTION E-0576/04

by Philip Claeys (NI) to the Commission

(26 February 2004)

Subject: Electioneering activities of Romano Prodi

Four left-wing parties are due to contest the European elections in Italy jointly under the ‘Prodi List’. Press
reports suggest that the President of the Commission will not be standing himself on this list but will be
playing an active part in the election campaign. He is reportedly involved in the selection of candidates.
It would in fact be unlikely that the President of the Commission would lend his name to the list without
being closely involved in the whole campaign.

Although these new party political activities will undoubtedly take up a great deal of his time, the
Commission President has stated that he will remain in office until October.

Does Mr Prodi regard the office of President of the European Commission as a full-time job?

How much time does he think he will be spending each week on the election campaign in Italy?

Does the Commission consider it desirable for its members to be actively involved in election campaigns?

What arrangements have been made within the Commission? Who will take over Mr Prodi’s duties in his
absence?

C 84 E/632

Official Journal of the European Union

EN

3.4.2004

Answer given by Mr Prodi on behalf of the Commission

(2 April 2004)

As the Commission has pointed out on a number of occasions in response to written and oral questions
from MEPs, the Members of the Commission are politicians exercising a political function and, provided
that
they remain free to express their personal views quite
independently and on their own responsibility, as well as to be a member of a political party.

they perform the duties incumbent,

This having been made clear, Mr Prodi has confirmed that he does not intend to stand as a candidate in
the election or take an active part in the election campaign. As in the past, he will continue to devote all
his energy to his responsibilities as President of the Commission until the end of his term of office.

(2004/C 84 E/0710)

WRITTEN QUESTION E-0581/04

by Glyn Ford (PSE) to the Commission

(26 February 2004)

Subject: Relationships between the media and recording companies

Can the Commission clarify its position with regard to the relationship that broadcasters have with record
companies? It is felt by many smaller record companies that they are unfairly treated by radio and TV
companies in comparison to the bigger record companies and are therefore squeezed out of the market.

Answer given by Mr Monti on behalf of the Commission

(19 March 2004)

The Commission services in charge of competition policy have dedicated significant attention to European
music markets, particularly over these past years when digital technology and media convergence seemed
to push vigorously towards heavy concentration amid the major players. These issues were raised with
particular emphasis in 2000 during the AOL/Time Warner merger proceedings and the EMI/Time Warner
attempted merger.
the global recorded music businesses of
Germany’s Bertelsmann AG and Japan’s Sony Corp the Commission has decided to open a full
investigation into the proposed merger due to concerns that the transaction might create or strengthen a
collective dominant position of the major record companies in the markets for recorded music. In the
course of the investigation, the Commission will also investigate further competition concerns related to
the vertical integration of the parent companies in other markets, such as the possible implications of the
notified joint-venture on Bertelsmann’s activities in the broadcasting sector (1).

In the ongoing merger proceedings of

The activity of the Commission in the field of competition policy does not only cover mergers but also
restrictive practices and agreements such as the ones referred to by the Honourable Member. In order to
intervene in unregulated markets such as the music business, however, the Commission requires a solid
factual basis allowing it to properly assess claimed distortions in the functioning of the markets. Also, the
jurisdiction of the Commission under Community competition law only exists where an appreciable effect
on trade between Member States is shown.

So far, the Commission did not come across factual evidence allowing it to suppose the existence of
restrictive practices in the relationship between different types of record companies and broadcasters such
as to have an appreciable effect on trade between Member States.

(1) The press release is available at:

http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=IP/04/200|0|RAPID&lg=EN