Translation of "Responsabilité de l'administration " (French → English) :

Though the amendments that Parliament has tabled, it has brought a greater degree of precision and clarity to the Commission proposal with regard to the orientation of the IPP and also to the role of each of the actors – companies, public authorities and consumers – and has given very clear consideration to the issue of shared responsibility without this involving a decrease in producers’ responsibility, but instead taking into account and also putting an emphasis on the responsibility of both public authorities and consumers.

Further, I should like to emphasise that as a former Member of Parliament, let alone a Commissioner, I fully endorse the position of the rapporteur, Mrs Almeida Garrett, regarding the differences between political and administrative responsibilities and the European Parliament’s responsibility concerning political responsibilities, the responsibilities of Commissioners and indeed not only Commissioners but members of other institutions.

Cases of financial liability are identified in particular on the basis of Articles 220(2)(b) (administrative errors which could not have been detected by the person liable for payment) and 221(3) (time-bar resulting from the national authorities' failure to act) of the Community Customs Code, Articles 869 and 889 of the provisions for the implementation of the Code, the debtor's legitimate expectations in relation to the national administration which provided an incorrect authorisation and the lack of diligence in the recovery of entitlements leading to non-recovery (Article 17(2) of Regulation No 1150/2000).

(18) In addition to ensuring that the insurance undertaking has a representative in the State where the injured party resides, it is appropriate to guarantee the specific right of the injured party to have the claim settled promptly; it is therefore necessary to include in national law appropriate effective and systematic financial or equivalent administrative penalties - such as injunctions combined with administrative fines, reporting to supervisory authorities on a regular basis, on-the-spot checks, publications in the national official journal and in the press, suspension of the activities of the company (prohibition on the conclusi ...[+++]on of new contracts for a certain period), designation of a special representative of the supervisory authorities responsible for monitoring that the business is run in line with insurance laws, withdrawal of the authorisation for this business line, sanctions to be imposed on directors and management staff - in the event that the insurance undertaking or its representative fails to fulfil its obligation to make an offer of compensation within a reasonable time-limit; this should not prejudice the application of any other measure - especially under supervisory law - which may be considered appropriate; however, it is a condition that liability and the damage and injury sustained should not be in dispute, so that the insurance undertaking is able to make a reasoned offer within the prescribed time-limit; the reasoned offer of compensation should be in writing and contain the grounds on the basis of which liability and damages have been assessed.

For the purposes of Article 43 (1)(b), the competent authorities may include within the concept of regional governments and local authorities non-commercial administrative bodies responsible to regional governments or local authorities or authorities which, in the view of the competent authorities, exercise the same responsibilities as regional and local authorities.

Consideration of these specific cases of responsibility could lead to a more general consideration of the procedures and provisions governing European officials' criminal and administrative liability (powers to bring disciplinary proceedings; cases for and methods of bringing proceedings involving pecuniary liability; cases and procedures for the communication of potentially criminal acts to national authorities and for the withdrawal of various types of immunity in relation to: opening criminal proceedings, access to premises, the ...[+++]requirement for officials to maintain confidentiality, etc.), with a view to establishing the responsibilities of officials occupying senior management posts.