[WATCH] EC confirms Barroso’s advisor first to raise alarm of Swedish Match bribe
Dalli ‘resigned for political reasons, because his position had become politically untenable’ – Commission
The European Commission has confirmed that tobacco lobbyist Michel Petite - formerly the head of the European Council's legal services and now an advisor to President José Barroso - was the first to make contact with the EC on the alleged bribe request made to Swedish Match.
Petite informed Commission secretary-general Catherine Day of a recording in which Maltese businessman Silvio Zammit had asked for €10 million from the European Smokeless Tobacco Council (ESTOC) in an alleged bid to broker a meeting with then EU commissioner for health John Dalli, to discuss the EU's ban on snus.
The contact was made some time after 29 March, and before Swedish Match officially filed its complaint on 21 May with Catherine Day.
Petite, who works for lobbyists Clifford Chance - whose clients include Philip Morris and Swedish Match - is today an advisor to Barroso on a committee to regulate lobbying inside the EU.
A spokesperson for the EU today declared that John Dalli resigned back on 16 October 2012 for "political" reasons, after it was finally ascertained that the anti-fraud agency OLAF had found no direct evidence of Dalli's involvement in an alleged bribe, to lift the ban on snus.
MaltaToday published the leaked report on Sunday 28 April.
The EC today said that Dalli's resignation had been politically motivated, and insisted that the decision to resign was taken by Dalli "in agreement with President Barroso, as his situation had become politically untenable."
Dalli has claimed he was forced to resign by Barroso, shortly after being read the covering letter to the OLAF investigation, which has been kept under wraps by the Maltese authorities whose responsibility is to investigate the report's findings.
"The reasons behind this resignation were political. The findings then had been that his position had become political untenable," the EC spokesperson told the press today at the Commission's midday briefing.
"With this leak, everyone is now free to report on the confusion that led Dalli to resign... but this does not change the fact that we are not able to comment on the ongoing criminal procedure," the spokesperson said.
Silvio Zammit is facing charges of money laundering, bribery and trading in influence for requesting €60 million from Swedish Match, ostensibly to have the ban on snus lifted. Gayle Kimberley, a lobbyist appointed by Swedish Match to secure access to Dalli, was identified by OLAF as a potential accomplice to the alleged bribery. No charges were issued against her by the Maltese police.
John Dalli was however revealed in the OLAF report to have "tarnished" the EU's reputation by virtue of his contacts with the tobacco industry, specifically for meeting ESTOC chairman Thomas Hammargren in 2010, and then meeting Kimberley on 6 January 2012 as well as keeping in contact with Silvio Zammit, a political canvasser of his, who had acquired some form of commercial interest in the lifting of the snus ban by virtue of his contact with Kimberley and Swedish Match.
The OLAF report also claimed that Dalli, who was spearheading a revision of the Tobacco Products Directive that included the ban on snus, had been warned by the Commission not to have meetings with members of the tobacco industry.
"There is little I can add to what had already been put out in the public domain about the relations with the tobacco industry and how the Code of Conduct for relations between public authorities and industry has been respected," the EC spokesperson said.
The Commission refused suggestions that at the time of the resignation, it had implied that Dalli had acted inappropriately. "Mr Dalli resigned for political reasons. At the time we emphasized that he was presumed innocent until proven guilty. We did not pass any judgement on Mr Dalli."
The Commission has refused to speculate on whether it will compensate Dalli on his dismissal.
The former commissioner is pursuing legal action in the European Court of Justice against the Commission, citing unfair dismissal.