WRITTEN QUESTION P-0666/00 by Joan Colom i Naval (PSE) to the Commission. Allegations of ESF fraud in Spain.
Date: 2000-02-29
Institutions: European Parliament, Provisional data
Subjects: European Anti-fraud Office, European Social Fund, Spain, corruption, fraud against the EU

21.11.2000

EN

Official Journal of the European Communities

C 330 E/199

Answer given by Mr Monti on behalf of the Commission

(21 March 2000)

In the framework of its responsibilities for state aid control, pursuant to Articles 87 and 88
1.
(ex-Articles 92 and 93) of the EC Treaty, the Commission is currently investigating whether the cost for
the construction of the Leuna 2000 refinery by Elf was artificially inflated. Elf could have received aid
payments which go beyond the 35 % aid ceiling permitted in Eastern Germany. As for the investigation of
possible fraud in relation to the granting of state aid, it should be noted that such investigations are the
the results of such
responsibility of
investigations in order to see whether it has to draw any conclusions.

the Member States. The Commission will study with interest

2.
The Commission is aware of allegations that some files have disappeared in the chancellery
concerning the Leuna refinery. Such events would not, however, in any way change the obligations of a
Member State to submit to the Commission any information necessary for assessing the compatibility of
state aid.

3.
The Commission is ready to assist the German authorities in their investigations and to provide any
Information connected with the existence of acts constituting criminal offences, subject only to the need to
avoid obstacles to the proper functioning and independence of the Communities.

(2000/C 330 E/230)

WRITTEN QUESTION P-0666/00

by Joan Colom i Naval (PSE) to the Commission

(29 February 2000)

Subject: Allegations of ESF fraud in Spain

Following the discovery that the Centro PolitØcnico de Educaci(cid:243)n a Distancia y Editorial (CPD) company, in
which the wife of his political appointee, the Director-General for Migration, had a 50 % holding, had
made use of inside information to charge approximately ESP 2 billion (EUR 12 million) in respect of its
involvement in programmes run by the National Employment Agency (INEM), the Spanish Minister for
Labour and Social Affairs dismissed the Director-General and, deciding to accept political responsibility for
the affair, resigned on 19 February.

Given that the INEM is responsible for administering a large proportion of the ESF funds allocated to
Spain, would the Commission state whether the above matter has come to its attention; European Social
Fund aid or other types of Community aid is, or may be, being put to improper use; this is an isolated
case, or whether it is aware of similar cases; OLAF has opened any inquiries, and, if it has, whether it could
forward the conclusions thereof or details of the stage that has been reached therein to either the author of
this question or the relevant EP committee?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 April 2000)

As a result of press coverage, the Commission is already familiar with the case mentioned by the
Honourable Member.

Given the nature of the operations concerned (training schemes) and the link to the largest European
Social Fund promoter in Spain (the National Employment Agency (cid:145)INEM(cid:146)), the Commission has called
upon the Spanish authorities to keep it informed of the results of their investigation and any involvement
on the part of the ESF. The information which the Spanish authorities will supply should enable the
Commission to gauge the extent of any problems.

Within the framework of its annual inspection activities, the Commission has arranged an inspection visit
to the INEM, which was announced when the Commission submitted its plan to the national authorities
in December 1999.

C 330 E/200

Official Journal of the European Communities

EN

21.11.2000

In accordance with Article 3 of the Commission Decision of 28 April 1999 (1) establishing the European
Anti-fraud Office (OLAF), the Office exercises its investigation powers in full independence. On the basis of
Article 12(3) of Regulation (EC) No 1073/1999 and Regulation (Euratom) No 1074/1999 concerning
investigations conducted by the European Anti-Fraud Office (2), the Director of the Office reports on a
regular basis, primarily to Parliament, on the results of the Office(cid:146)s investigations and subject to the
conditions set out therein.

The Commission has not received any information from the Office about the concerns expressed by the
Honourable Member.

(1) Decision 1999/352/EC, ECSC, Euratom. OJ L 136, 31.5.1999.
(2) OJ L 136, 31.5.1999.

(2000/C 330 E/231)

WRITTEN QUESTION P-0669/00

by Anna Terr(cid:243)n i Cus(cid:237) (PSE) to the Commission

(29 February 2000)

Subject: Transposition of Directive 92/61/EEC into Spanish legislation

The transposition of Directive 92/61/EEC (1) into Spanish legislation has given rise to various provisions
governing the type-approval, use and registration of vehicles. One of the most recent is the new General
Vehicle Regulation, approved by Royal Decree 2822/98 of 23 December. Under this regulation, 2, 3 or
4-wheeled vehicles with the technical characteristics described in the above directive are classed as mopeds.

In view of the above, is the Commission aware of the alleged discriminatory treatment applied to light
quadricycles in Spain as a result of a breach of Community law whereby the Spanish Government has
allowed hidden subsidies to manufacturers of 2 and 3-wheeled mopeds and motorcycles in Spain?

Likewise, in connection with this, is the Commission aware of the alleged discriminatory tax arrangements
applied in Spain to quadricycles, which have been made subject to indirect taxation conditions identical to
those applied to other mopeds, with retrospective effect, in particular VAT and the special tax on certain
means of transport?

Surely correct implementation of the directive would mean that quadricycles would receive the same
treatment as all other mopeds?

(1) OJ L 225, 10.8.1992, p. 72.

Answer given by Mr Bolkestein on behalf of the Commission

(24 March 2000)

The effect of Article 1(2) of Council Directive 92/61/CEE of 30 June 1992 relating to the type-approval of
two or three-wheel motor vehicles is to divide those vehicles that are the object of the directive into
mopeds, motorcycles and tricycles. In addition, Article 1(3) provides that the Directive will apply equally to
four-wheel motor vehicles ((cid:145)quadricycles(cid:146)) possessing the characteristics stipulated in Articles 1(3)(a) and
1(3)(b).

In a letter dated 29 January 1993, the Spanish authorities informed the Commission that this Directive was
to be transposed into Spanish law. The Spanish authorities also forwarded a copy of the legal instrument
through which the transposition was to be effected: ministerial order 18634 of 24 July 1992 as published
in the Official Gazette No 187, page 27373, of 5 August 1992.3.

On the basis of the information in its possession, the Commission has not been able to determine
positively that manufacturers of two and three-wheel mopeds and motorcycles are indeed in receipt of
hidden subsidies.