WRITTEN QUESTION No. 845/97 by Jaime VALDIVIELSO DE CUÉ to the Council. Policy in respect of items seized in connection with Community fraud
Date: 1997-03-10
Institutions: European Parliament
Subjects: customs fraud, customs inspection, customs regulations, donation, intellectual property, marketing restriction, seizure of goods, trade-mark law, voluntary organisation













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91997E0845

WRITTEN QUESTION No. 845/97 by Jaime VALDIVIELSO DE CUÉ to the Council. Policy in respect of items seized in connection with Community fraud  


Official Journal C 367 , 04/12/1997 P. 0046 





WRITTEN QUESTION E-0845/97 by Jaime Valdivielso de Cué (PPE) to the Council (10 March 1997)Subject: Policy in respect of items seized in connection with Community fraudMore than seven years after the entry into force of the regulation on the protection of trade marks and intellectual property rights, the scope of which has been extended to authors' rights, utility models and logotypes, customs checks have been carried out in the various Member States.Since copying and fraud are activities with major implications at Community level, what legislative monitoring or coordination instruments are in operation? Is a proper dialogue being carried out between the Commission and Member States with a view to evaluating the impact of fraud and the measures to combat it?Is the Council studying the possibility of setting up a monitoring and coordination body which would provide detailed information, by year and by country, concerning seizures and the statistical trends relating thereto? What means exist to ensure that some of the seizures are not diverted to the goods trade?There is a legislative void regarding the fate of such items once they have been seized. The current arrangement is for them to be systematically destroyed. Are there any plans for measures to enable them to be put to good use through the donation thereof to charitable and humanitarian organizations such as Caritas and the Red Cross? Is the Council considering the possibility of providing a legal basis for a system enabling such seizures to be put to good use?Answer (5 June 1997)Council Regulation No 3295/94 ((OJ L 341, 30.12.1994, p. 8. )) lays down, in particular in its Articles 13, 14 and 15, a procedure for monitoring and coordinating measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods. Article 15 provides, in addition, for the Commission to report to the European Parliament and the Council on the operation of the system, on the basis of the information referred to in Aricle 14. Furthermore, Commission Regulation No 1367/95 ((OJ L 133, 17.06.1995, p. 2. )) lays down the procedure for mutual exchanges of information between the Commission and the Member States to be effected on a quarterly and annual basis.As regards the fate of the goods seized, the Council refers to the reply to Written Question No 0065/97 by the Honourable Member, in which it is pointed out that there is nothing to stop the competent authorities from offering seized goods to charitable organizations. The question of providing at Community level a legal basis for a system enabling such seizures to be put to good use has not been considered in the Council.