WRITTEN QUESTION No. 3560/97 by Jaime VALDIVIELSO DE CUÉ to the Council. Use of products confiscated because of Community fraud
Date: 1997-11-03
Institutions: European Parliament, VALDIVIELSO DE CUE
Subjects: competence of the Member States, customs fraud, donation, intellectual property, marketing restriction, seizure of goods, trade-mark law, voluntary organisation

C 158/150

EN

Official Journal of the European Communities

25. 5. 98

1.
Can the Commission state whether higher local-authority tourist taxes are compatible with a policy aimed
at strengthening the competitive position of the tourism industry in the EU and promoting the level playing-field
considered desirable on the market in that industry?

2.

Does the Commission see a task for it to accomplish in this connection?

Answer given by Mr Papoutsis on behalf of the Commission

(12 December 1997)

The Commission is aware of the importance of a favourable business environment for tourism and the need for
competitiveness. Taxation at whatever level is an important factor in that context. While increasing local tourist
taxes could normally be expected to have some impact on the competitiveness of tourism, the objectives of the
increases and the utilisation of the corresponding revenue are factors to be taken into account in assessing the
impact locally.

While local taxes do not fall within the Commission(cid:146)s competence, it will continue to draw attention to the need
to promote an environment favourable to the creation of greater competitiveness in European tourism.

(98/C 158/200)

WRITTEN QUESTION P-3560/97

by Jaime Valdivielso de Cue· (PPE) to the Council

(3 November 1997)

Subject: Use of products confiscated because of Community fraud

Fraudulent goods worth hundreds of millions of pounds are confiscated every year in the EU, in application of
the regulation on the protection of trademarks and intellectual property rights.

This creates two difficult situations that need rectifying. On the one hand, there are the rights of the legitimate
manufacturers, whose design, trademark and logo have been imitated or plagiarized. They are entitled to the
guarantee that such products will never again be commercially available. This entitlement has been fulfilled up to
now, resulting in the destruction in Spain of goods to the value of 20 000 million pesetas every year.

On the other hand, it is depressing to see these goods being destroyed when they could be used by millions of
Europeans who are affected by social exclusion and the scourge of poverty, in what is known as the (cid:145)fourth
world(cid:146).

Has  the  Council  considered  the  possibility  of  informing  and  advising  the  various  judicial  authorities  in  the
Member States of an alternative solution to destruction?

Answer

(19 January 1998)

The Council would ask the Honourable Member to refer to the replies it gave to Written Questions No 0065/97
and  No  0845/97  on  the  same  subject.  The  Council  would  point  out  that  the  fate  of  the  goods  confiscated  is
determined by each national legislation and that there is nothing in Council Regulation No 3295/94, which is
relevant  at  Community  level,  to  stop  the  competent  national  authorities  from  offering  confiscated  goods  to
charitable  organizations.  Since  each  Member  State  is  responsible  for  this  area,  there  are  no  plans  within  the
Council to take any action to provide information or advice regarding confiscated products.