Brussels, 08/06/2004 (Agence Europe) - On Wednesday the European Commission adopted a communication by Neil Kinnock, setting out the modalities for financial responsibility for officials found guilty of Community budgetary fraud (Article 22 on the status of officials working in the European institutions). According to guidelines in this document, the individual financial responsibility of an official is included in the two examples: 1) Intentional mistake (fraud, embezzlement of funds, corruption or theft). The Commission will strive to repay the entirety of the subsequent damages. Intentional mistake is generally accompanied by personal enrichment; 2) In cases of gross negligence, the Commission intends to make the official found guilty liable to repayment of one year of their salary in compensation. It wanted this ceiling set at two years but most unions and staff bodies opposed this. The financial liability of civil servants therefore only applies in exceptional circumstances. Simple error or small mistakes will not make the responsible party liable financially, even if they are responsible for significant financial damages to the Community.
Application of Article 22 of the statute means that the three following conditions have to be fulfilled: violation of legal obligations; real damages incurred by the Community and the existence of serious personal liability for which subsequent damages are likely to occur.