WRITTEN QUESTION No. 3265/98 by Alexandros ALAVANOS Proceedings in respect of irregularities at the expense of the European Social Fund
Date: 1998-10-30
Institutions: ALAVANOS, European Parliament
Subjects: European Social Fund, Greece, administrative sanction, administrative transparency, fraud, judicial proceedings, management audit, professional secret, suspension of aid, use of aid

6.11.1999

EN

Official Journal of the European Communities

C 320/35

(1999/C 320/046)

WRITTEN QUESTION E-3265/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(30 October 1998)

Subject: Proceedings in respect of irregularities at the expense of the European Social Fund

In his reply to my Question E-1007/96 (1) on irregularities at the expense of the European Social Fund,
Commissioner Flynn stated, inter alia, that Greece had reported 44 cases of irregularities in relation to the ESF
during the period 1991 to 1994. In particular he stressed that a) ‘17 of the reported cases relate to one
promoter. Here,
the Greek authorities reported to the Commission that they have initiated judicial
proceedings’; and b) ‘Member States are required to inform the Commission about the amounts which have
been recovered arising from irregularities previously reported. Such further information has not yet been
communicated by Greece.’

Will the Commission say whether the above case is now closed, what judgment was handed down and what is
the identity of the promoter? Has Greece provided the information requested above and, if so, what amounts
are involved in each case? Have the sums of money concerned been recovered by Greece?

(1) OJ C 305, 15.10.1996, p. 36.

Answer given by Mrs Gradin on behalf of the Commission

(6 January 1999)

The court proceedings relating to the 17 European social fund (ESF) cases reported by the Greek authorities are
not terminated. As a result of these proceedings, the recovery procedures initiated by the Greek authorities are
suspended.

As indicated in reply to the Honourable Member’s Written Question E-1007/96, information communicated
or acquired on the basis of Commission Regulation (EC) 1681/94 of 11 July 1994 concerning irregularities
and the recovery of sums wrongly paid in connection with the financing of the structural policies and the
organisation of an information system in this field (1) is covered by professional confidentiality under the
provisions of Article 10 of that Regulation. In particular, the names of legal persons may only be disclosed in
order to prevent or prosecute an irregularity or to establish whether an irregularity has taken place. The
Commission is therefore not in a position to communicate the name of the beneficiary concerned.

The Commission would stress that the Greek authorities have not included four of the cases in the final
payment applications of the operational programmes concerned, which means that the request for financial
assistance in respect of these cases has been withdrawn, but have requested the Commission, on the basis of
Article 24 of Regulation (EEC) 4253/88 (2), to suspend financial assistance until the termination of the legal
procedures for 13 other cases. The Commission has already issued decisions suspending assistance in respect
of two cases, whereas for the other 11 decisions are currently at the stage of preparation. The suspension of
assistance involves ECU 1,18 million.

(1) OJ L 178, 12.7.1994.
(2) OJ L 374, 31.12.1988, as amended by Regulation (EEC) 2082/93, OJ L 193, 31.7.1993.

(1999/C 320/047)

WRITTEN QUESTION E-3266/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(30 October 1998)

Subject: Archaeological finds made during construction of the Athens underground

The Athens underground project which is funded by the EU has been the largest archaeological site in Athens,
and over 1000 important finds have come to light. However, questions have been raised about the fate of these
finds which are reportedly being poorly housed.