WRITTEN QUESTION E-2551/00 by Isidoro Sánchez García (ELDR) to the Commission. European Social Fund resources allocated to the Autonomous Community of the Canaries.
Date: 2000-07-28
Institutions: European Parliament, Provisional data
Subjects: Canary Islands, European Social Fund, fraud against the EU

C 103 E/120

Official Journal of the European Communities

EN

3.4.2001

(2001/C 103 E/133)

WRITTEN QUESTION E-2331/00

by Fernando FernÆndez Mart(cid:237)n (PPE-DE) to the Commission

(11 July 2000)

Subject: Management of the European Social Fund in the Canary Islands

The Canary Islands, which is one of the outermost regions of the European Union and has Objective 1
status under the ERDF, has one of the highest rates of unemployment of any region of the Union. It is thus
entitled to the assistance and aid earmarked for such regions under the European Social Fund.

The various programmes run in the Canary Islands to promote employment and combat unemployment
are financed in large part from Community funds, managed by the Canary Islands(cid:146) institute for training
and employment (ICFEM), which reports to the Ministry of Employment and Social Affairs of the Canary
Islands regional government. For several years, ICFEM(cid:146)s administration and the management of its budget
have been the subject of almost continuous controversy, and even scandal, and the Canary Islands
parliament has debated the matter on numerous occasions. The Minister for Employment and Social
Affairs himself has admitted that he is unable to provide details of how considerable sums, running into
billions of pesetas, have been spent. He stated recently that the amount not yet accounted for totals some
PTA 5 billion.

A complaint has been lodged against the regional government(cid:146)s Minister for Employment and Social
Affairs and two other senior officials, and is due to be examined by the courts. The report by the region(cid:146)s
court of auditors contains serious criticism of the way in which public funds intended to finance schemes
for the promotion of employment have been managed.

In addition to this, all of these facts have been brought to the attention of the European Parliament(cid:146)s
Committee on Budgetary Control, which has in turn forwarded the information to the European
Commission(cid:146)s Anti-Fraud Office.

Is the Commission aware of any or all of these facts?

Will the Commission give details of measures it has taken or intends to take?

(2001/C 103 E/134)

WRITTEN QUESTION E-2551/00

by Isidoro SÆnchez Garc(cid:237)a (ELDR) to the Commission

(28 July 2000)

Subject: European Social Fund resources allocated to the Autonomous Community of the Canaries

Is the Commission aware of any irregularities affecting the granting or use of European Social Fund
resources allocated to the Government of the Autonomous Community of the Canaries during the period
from 1993 to 1999 and, if so, has it been informed of any complaints lodged with OLAF?

Joint answer
to Written Questions E-2331/00 and E-2551/00
given by Ms Diamantopoulou on behalf of the Commission

(13 October 2000)

The last check by the Commission on the use of aid from the European Social Fund (ESF) in the Canary
Islands took place in May 1998 and revealed none of the facts referred to by the Honourable Member in
Written Question E-2331/00.

3.4.2001

EN

Official Journal of the European Communities

C 103 E/121

Following complaints made to the Commission, the European Anti-Fraud Office (OLAF) wrote to the
Spanish authorities on 6 March 2000 to remind them, for general information purposes, of the Member
States(cid:146) reporting obligation under Commission Regulation (EC) No 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) So far, no such reports have been
received. The Office is also awaiting the results of an investigation into the management of ESF funding in
the Canaries which the Spanish authorities say they have begun.

The Commission would like to thank the Honourable Member (the author of Written Question E-2331/00)
for supplying certain information to OLAF, which has promised to examine it.

(1) OJ L 178, 12.7.1994.

(2001/C 103 E/135)

WRITTEN QUESTION E-2332/00

by Roberta Angelilli (UEN) to the Commission

(11 July 2000)

Subject: Failure of (cid:145)social centres(cid:146) to comply with the law on the protection of copyright and performing

rights

In Rome, as in many other Italian and European cities, (cid:145)social centres(cid:146) have been set up, often on squatted
premises, where organisations with extreme-Left connections organise, all year round, dozens of music
events, parties, concerts and showings of films (including foreign films), and operate bars and restaurants.
The local authorities and the police are aware of all these events, which are regularly advertised via posters
and in the press, and of the non-payment (cid:129) particularly to the SIAE, the Italian Society of Authors and
Publishers (cid:129) of the copyright or performing right fees prescribed by law. Furthermore, the showing of
foreign films clearly infringes international law.

Can the Commission answer the following:

1. Do these recurring events not infringe the rules of the market and constitute unfair competition in
relation to the operators of authorised premises, who are obliged to pass on to the public the cost of
paying royalties in respect of copyright and performing rights and the other charges prescribed by
law?

2. Does the situation described not constitute an infringement of intellectual property rights?

Answer given by Mr Bolkestein on behalf of the Commission

(25 September 2000)

In accordance with their international obligations under Articles 11, 14 and 14bis of the Berne Convention
and Article 9 of the trade-related aspects of intellectual property rights (TRIPs) Agreement, Member States
grant to authors of musical works and authors or other owners of the copyright in a cinematographic
work the exclusive right of authorising the public performance of their works. In accordance with Article
12 of the Rome Convention, performers and producers of phonograms are to be paid an equitable
remuneration for the public communication of their phonograms. As regards Community law, Article 8(2)
of the Council Directive 92/100/EEC (1) of 19 November 1992, on rental right and lending right and on
certain rights related to copyright in the field of intellectual property provides for a similar remuneration
right.

Thus, activities as described by the Honourable Member may of course infringe intellectual property rights,
if they have not been duly authorised by the rightholder of the exclusive rights concerned or if no
remuneration has been paid. However, it will be up to the rightholders concerned to take advantage of the
remedies as provided by the Italian legislation and to take legal action against those responsible before the
Italian courts.

(1) OJ L 346, 27.11.1992.