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Document 92001E000445
WRITTEN QUESTION E-0445/01 by Niels Busk (ELDR) to the Commission. Blacklisting.
WRITTEN QUESTION E-0445/01 by Niels Busk (ELDR) to the Commission. Blacklisting.
WRITTEN QUESTION E-0445/01 by Niels Busk (ELDR) to the Commission. Blacklisting.
Úř. věst. C 318E, 13.11.2001, pp. 51–52
(ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
- Date of document:
- 16/02/2001; Den přenosu
- Date of dispatch:
- 16/02/2001
- Date of reply:
- 04/04/2001; Písemná odpověď
- Author:
- Evropský parlament, Not available
- Form:
- Písemný dotaz
- Addressee:
- Evropská komise
- Parliamentary term:
- páté volební období
- Political group:
- Skupina Evropské liberální, demokratické a reformní strany
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92001E0445
WRITTEN QUESTION E-0445/01 by Niels Busk (ELDR) to the Commission. Blacklisting.
Official Journal 318 E , 13/11/2001 P. 0051 - 0052
WRITTEN QUESTION E-0445/01 by Niels Busk (ELDR) to the Commission (16 February 2001) Subject: Blacklisting According to the Commission's answer to Question P-3153/00(1), it is possible to keep a register of operators who present a risk of non-reliability. How can the concept of final decision of an administrative authority cited by the Commission be reconciled with the customary legal guarantees in accordance with which a person is innocent until he has acknowledged his guilt or a court has found him guilty? (1) OJ C 151 E, 22.5.2001, p. 81. Answer given by Ms Schreyer on behalf of the Commission (4 April 2001) The Commission points out that the measures provided for under Community law can be taken only in compliance with certain principles. Generally speaking, the principles of the presumption of innocence and guilt apply primarily to matters of criminal law. The system of blacklists referred to by the Honourable Member is designed to implement administrative prerogatives. The Commission recalls that Council Regulation (EC) No 1469/95 of 22 June 1995 on measures to be taken with regard to certain beneficiaries of operations financed by the Guarantee Section of the EAGGF(1) and the implementing Commission Regulation (EC) No 745/96 of 24 April 1996(2) distinguish between two categories of non-reliable operators: - those who, according to a final decision of an administrative or judicial authority, have deliberately or through serious negligence committed an irregularity in respect of relevant Community provisions and have unjustly benefited from a financial advantage or attempted to benefit therefrom; and - those who, have been the subject of a preliminary administrative or judicial report by the competent authorities of the Member State, without prejudice to the possibility of this conclusion being revised. Some of the measures under these Regulations may be applied to the second category of operators (tighter controls of operation and precautionary measures such as the suspension of payments for operations under way or the release of a guarantee). However, the only real penalty for which there is any provision exclusion may be imposed only where an irregularity has been the subject of a final decision of an administrative or judicial authority. This is an administrative, not a criminal penalty and may be imposed only on certain conditions, notably that the operator has had a prior hearing and has the right to appeal in accordance with the national law of the Member State concerned. (1) OJ L 145, 29.6.1995. (2) OJ L 102, 25.4.1996.
