Brussels, 05/07/2000 (Agence Europe) - After Vice President Kinnock had written, last week, to different newspapers and to the chairperson of the Committee on Budgetary Control in order to defend the former Director of the European Commission Humanitarian Aid Office (ECHO) (See EUROPE of 1 July, p.11), the latter had withdrawn the interim proceeding (request for emergency measures) initiated end April with the Court of First Instance against the Commission. Former ECHO Director Santiago Gomez-Reino was the object of disciplinary proceedings in the context of fraud committed in the service of which he was in charge. The Commission's disciplinary council acquitted him, a decision criticised by a certain number of press articles and by MEPs, including rapporteur for 1998 discharge, Gabriele Stauner. Mr Gomez-Reino considered that the European Commission had not sufficiently defended him and had thus failed in its obligation to provide assistance pursuant to Article 24 of the statute of officials concerning the defence of officials. Hence his appeal.
Despite the "amicable" arrangement that has now been reached (which, during a first hearing on 13 June, the judge had encouraged both parties to reach), Santiago Gomez-Reino maintains "for now" his appeal regarding the substance of the case. Although, he states, the Commission has now taken good measures, his case in substance also covers the personal and professional damage suffered as a consequence. At the end of 1996, Mr Gomez-Reino was replaced at the head of ECHO and he was entrusted with the post of Deputy Director-General for Latin America and Asia at the DG for External Relations.
In his long letter sent to the newspapers Libération, Focus and Frankfurter Allgemeine Zeitung, Neil Kinnock strongly defends the regularity of the disciplinary procedure and its result - Mr Gomez-Reino's acquittal - justified by the fact that he could not be held responsible for fraudulent action which he had not been aware of. Because of the "extreme tension between the means and the aims" assigned to ECHO and the "reasonable flexibility" which had been decided for this reason, he could not be reproached for any surveillance or vigilance shortcoming in the exercise of his duties. From this, he continued, given the obligation of assistance, the Commission cannot admit the continuation of such questioning of an official, which could point to there being manipulation. Neil Kinnock simply explained to Ms Theato the context in which he had sent the letters to the press.
The ECHO affair is mentioned in the parliamentary report for 1998 discharge, which will be submitted on Thursday to the EP plenary vote in Strasbourg. Whereas the rapporteur hoped to insist on this affair, the Cocobu (Committee on Budgetary Control) retained just one sentence stating that the EP notes, as far as the lessons to be drawn from the ECHO affair are concerned, that the Commission has stated it is willing to reopen disciplinary proceedings if new elements are brought to light, but regrets that the Commission has not yet made the commitment to introduce an external element in disciplinary procedure. Gabriele Stauner states she is not satisfied with the letter from Vice-President Kinnock, which "gives the false impression that the disciplinary board had looked at all the evidence available. This was, however, clearly not the case as Mr Kinnock admitted to in one of his letters dated 15 May". In this letter Neil Kinnock stresses that, if certain minutes "which were not really part of the dossier" have not been examined, this has no impact whatsoever on the result of the procedures.
Furthermore, Mr Gomez-Reino denies having "harassed" Ms Stauner - according to the latter's terms - and alleges that she "refused to meet him" to discuss the case. Ms Stauner said she had indeed refused to meet him because he had "slandered" her. The European Commission, for its part, considers that Mr Gomez-Reino cannot say that he had not been received by the EP as "the Committee on Budgetary Control is free to invite whoever it wants". Nonetheless, "when it comes to presenting the European Commission's view on ECHO, the Commission chooses its representative" before the Cocobu. Mr Gomez-Reino considers he "is the best person to do it". The Commission considered it more appropriate to designate another official.