WRITTEN QUESTION No. 3589/97 by Jaime VALDIVIELSO DE CUÉ to the Council. Effective distribution of products confiscated for fraud in the Community
Date: 1997-11-17
Institutions: European Parliament, VALDIVIELSO DE CUE
Subjects: competence of the Member States, customs fraud, donation, intellectual property, marketing restriction, seizure of goods, textile product, trade-mark law, voluntary organisation

25. 5. 98

EN

Official Journal of the European Communities

C 158/159

(98/C 158/211)

WRITTEN QUESTION E-3588/97

by Brendan Donnelly (PPE) to the Council

(17 November 1997)

Subject: Declaration on Nationality in the Maastricht Treaty

Will the Council publish the texts of declarations lodged with the Presidency under the terms of the Declaration
on Nationality of a Member State in the Maastricht Treaty, which states:

(cid:145)Member States may declare for information, who are to be considered their nationals for Community purposes
by way of a declaration lodged with the Presidency and may amend any such declaration when necessary(cid:146).

Answer

(19 January 1998)

No Member State lodged with the Presidency declarations under the terms of Declaration (No 2) on Nationality
of a Member State attached to the Final Act of the Treaty on European Union.

It should be recalled, however, that a Declaration by the Federal Republic of Germany on the definition of the
expression of (cid:145)German national(cid:146) was attached to the Treaty establishing the European Economic Community and
that another Declaration by the United Kingdom on the definition of the term (cid:145)nationals(cid:146) was attached to the
Accession Treaty of 1972; having regard to the British Nationality Act of 1981, the United Kingdom made a new
Declaration, which appears in the Official Journal No C 23 of 28.1.1983, page 1.

(98/C 158/212)

WRITTEN QUESTION E-3589/97

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

(17 November 1997)

Subject: Effective distribution of products confiscated for fraud in the Community

The  implementation  of  the  regulation  governing  trademark  protection  and  intellectual  property  rights  has
brought in its wake checks via the customs machinery which have resulted in the detection of over 1500 cases of
breach of the law, in virtually all the Member States.

After a product has been confiscated, its future destiny remains in a vacuum. As things stand, such products are
systematically destroyed; this is a costly and inefficient solution. Among other disturbing examples, confiscated
textiles are destroyed, with all the economic and environmental costs which that entails.

The EU has a precedent for positive use in the case of agricultural products withdrawn from the market, which
are distributed free of charge to voluntary organizations, provided they have signed a cooperation agreement
with the EAGGF.

Does the Council believe it is possible to introduce a similar system for making good use of products confiscated
on grounds of fraud? In the case of Spain, where thousands of textile products have been confiscated, is there any
possibility of imaginative use being made of them, by donating them to voluntary or humanitarian organizations
such as Caritas or the Red Cross, subject to those organizations signing agreements similar to those existing with
the EAGGF?

Answer

(26 January 1998)

The  Council  would  refer  the  Honourable  Member  to  the  replies  it  gave  to  Written  Questions  Nos  0065/97,
0845/97 and 3560/97 on the same subject.