91997E3767

WRITTEN QUESTION E-3767/97 by Cristiana Muscardini (NI), Amedeo Amadeo (NI) and Marco Cellai (NI) to the Commission (21 November 1997)

Subject: Disciplinary measures

Referring to the fact that some Commission officials were found to have been implicated in the BSE scandal, the Commission President, Mr Santer, told Parliament that the exact extent of the blame could not be established, because the Staff Regulations of officials, in their present form, made it impossible to bring guilt to light or impose penalties even in cases of serious professional misconduct.

It is already permitted under the Staff Regulations to issue written warnings or reprimands, defer an official's advancement to a higher step or downgrade him, or remove him from his post and, if deemed appropriate, withdraw his entitlement to retirement pension.

1. Will the Commission therefore enforce the above disciplinary measures already provided for in the Staff Regulations in order to punish those found to have been gravely at fault once the actual shortcomings have been brought to light?

2. Will it seek to maintain its right of initiative in matters connected with the Staff Regulations, without detracting from the necessary requirements of transparency and equity intended to preserve and defend the European Civil Service?

Answer given by Mr Liikanen on behalf of the Commission (18 December 1998)

1. The disciplinary penalties that may be imposed on officials and temporary staff are governed by Articles 86 et seq. of the Staff Regulations of Officials of the European Communities and Annex IX thereto, applicable by analogy to other servants, and may be ordered only after a procedure specified in meticulous detail has been followed; the sine qua non is that the official or member of temporary staff must have committed a serious breach of his or her obligations under the Staff Regulations.

President Santer has never stated that it was not possible for him to bring the guilt of certain Commission officials to light in the BSE scandal. He did inform Parliament's Committee of Inquiry that the Commission had caused a thorough investigation to be undertaken and had found no valid evidence to support the opening of disciplinary proceedings against Commission officials.

2. The Commission wishes to assure the Honourable Member that it will defend its right of initiative in all areas where it enjoys such a right under the Treaties, including, of course, the provisions of the Staff Regulations.