The European Commission has not altered its position over the resignation of former health commissioner John Dalli, saying nothing had changed despite Maltese police deciding not to prosecute him.

Questioned in Brussels after the declaration at the weekend that there was insufficient evidence to substantiate criminal charges against Mr Dalli, a spokeswoman for European Commission President Manuel Barroso said Mr Dalli’s position in the commission became politically untenable following the conclusions drawn by the EU’s anti-fraud agency (OLAF).

She reiterated the commission’s confidence in the director general of OLAF, Giovanni Kessler.

It is natural and normal for Mr Dalli to avail of his rights as he deems appropriate

“While we have scrupulously underlined the presumption of innocence of Mr Dalli, we have always said that his decision to resign was a political one, taken in light of the administrative investigation by OLAF.

“Our position has not changed particularly in the light of a clear distinction between the political and legal aspects of Mr Dalli’s resignation,” she said.

Asked about the commission’s position at the Luxembourg courts, where Mr Dalli is challenging his dismissal, Mr Barroso’s spokeswoman said the former commissioner had resigned of his own free will in front of Mr Barroso and witnesses.

“Whatever happens in Malta does not change this position,” she said, while emphasising that Mr Dalli had every right to take any legal action he deemed fit to clear his name.

“It is natural and normal for Mr Dalli to avail of his rights as he deems appropriate,” she said.

“On other aspects of the case we have not changed our position,” referring to the political element.

Since resigning, Mr Dalli has stressed he was dismissed and has challenged the Commission’s stand that he stepped down following an agreement with Mr Barroso.

The resignation came in October, after the OLAF report concluded there was “unambiguous circum-stantial evidence” showing he knew that his former canvasser Silvio Zammit was asking for a bribe to influence a new EU tobacco directive.

Mr Dalli has always maintained his innocence and accused the Commission and the tobacco industry of “a vicious and conscious attack” against him.

The OLAF report itself, and particularly its Italian director general, came under fire from the European Parliament’s Budgetary Control Committee, which is responsible for overseeing the agency.

Members of the committee accused the anti-fraud office of negligence in the way it conducted its investigations and asked for Mr Kessler’s resignation.

In Malta, Mr Zammit is pleading not guilty to charges of trading in influence and trying to use his contacts to amend the tobacco directive for a €60 million bribe.

The Commission yesterday said the resignation of Mr Dalli had no impact on the legislative process of the tobacco directive, pointing out that, as promised, the legislation was in the pipeline after the EU executive launched it before the end of last year.

Asked whether the commission had confidence in how the Maltese authorities had conducted their investigations in the Dalli case, the spokeswoman said: “It is not our role to assess how member states conduct their legal investigations.”

Meanwhile, the Nationalist Party said the police declaration gave peace of mind to Mr Dalli and his family: “While the decision on Mr Dalli was a political one, the PN always respected Mr Dalli’s right to defend himself.”

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