WRITTEN QUESTION No. 389/99 by Gerhard SCHMID Monitoring the allocation of EU funds
Date: 1999-03-01
Institutions: European Parliament, SCHMID
Subjects: Bavaria, EU control, European official, corruption, fund (EU), use of aid

3.12.1999

EN

Official Journal of the European Communities

C 348/59

The profession that a migrant exercised, or was allowed to exercise, in his or her Member State of origin, is thus
of crucial importance, as is the profession he or she wishes to exercise in the host Member State (3). If the
Commission is provided with further information and it is shown that Directive 89/48/EEC is applicable, it will
approach the competent Spanish authorities.

(1) However, as regards the holding of an academic diploma in another Member State, the Court of justice ruled in its
judgment of 31 March 1993 that, on the basis of Articles 48 and 52 of the EC Treaty (Articles 39 and 43 EC Treaty
since Treaty of Amsterdam), the sole purpose of the administrative procedure to recognise academic titles awarded on
the basis of a period of postgraduate study is to verify whether the postgraduate diploma (including a doctorate) was
properly awarded (Case C-19/92 (Kraus), European Court Reports 1993 page I-1663).

(2) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and training of at least three years’ duration, OJ L 19,
24.1.1989.
If, for example, a German graduate of business studies wishes to exercise the profession of ‘economista’, which is
regulated in Spain but for which there is no directly comparable profession in Germany, the type and extent of previous
professional activity in Germany will have to be checked. .

(3)

(1999/C 348/072)

WRITTEN QUESTION E-0389/99

by Gerhard Schmid (PSE) to the Commission

(1 March 1999)

Subject: Monitoring the allocation of EU funds

What action does the Commission take to ensure that there is no possibility of corruption in connection with
the allocation of EU funds in Bavaria?

Answer given by Mrs Gradin on behalf of the Commission

(13 April 1999)

The Commission considers the proper use of Community funds as well as the fight against corruption
throughout the Community to be of the utmost importance.

In this respect, the Commission would like to stress that a protocol (1) has been drawn up in September 1996,
on the basis of the Treaty on European Union, to the convention on the protection of the Communities’
financial interests. This instrument is intended to define passive and active corruption and to criminalize acts
of corruption involving national officials and officials of the Community damaging or likely to damage the
financial interests of the Communities. Germany has ratified this protocol (2).

In so far as specific instances of corruption in relation to Bavaria have come to the knowledge of the
Honourable Member, the Commission would be willing to examine this information through its Task force for
the coordination of the fight against fraud. The Commission is, where necessary, entitled to launch its own
enquiries for the protection of the financial interests of the Community, including corruption aspects.

(1) OJ C 313, 23.10.1996.
(2)

BGBI II 1998.

(1999/C 348/073)

WRITTEN QUESTION E-0395/99

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Progress of drug treatment and prevention programmes

(1 March 1999)

Caring for drug-users and former users, providing them with psychological support, bolstering their basic
skills and improving their vocational qualifications helps them to reintegrate into family and society and avoid