WRITTEN QUESTION E-1190/01 by Luis Berenguer Fuster (PSE) to the Commission. European Social Fund and the Valencia region.
Date: 2001-04-19
Institutions: European Parliament, Provisional data
Subjects: Community of Valencia, European Social Fund, financial management

C 350 E/88

Official Journal of the European Communities

EN

11.12.2001

In its decision of 5 February 2001 the Commission declared the merger compatible with the

3.
common market under Article 6(1)(b) of the Merger Regulation.

4.
In its decision the Commission considered all aspects of the merger within the meaning of the
Merger Regulation (cid:129) that is to say of the acquisition of joint control by IVG and HTA of the BBI (cid:129) in the
light of the Regulation.

5.
In the proceedings under the Merger Regulation the Commission did not consider the legality of the
tendering procedure which took place prior to the merger. It was not empowered to do so under the
Regulation, the sole purpose of the merger control procedure being, as already indicated, to determine
whether a merger would have one of the effects mentioned in Article 2 of the Merger Regulation (see
answer to the second question). The question of the legality of the tendering procedure falls to be decided
solely in accordance with the relevant public procurement or antitrust provisions, the application of which
is a matter first and foremost for the competent national authorities and courts.

6.
Since the merger as notified did not give rise to any serious doubts as to its compatibility with the
common market, the Commission declared it compatible with the common market under Article 6(1)(b) of
the Merger Regulation without attaching any conditions or obligations.

7.

No (see the answer to question No 6).

(1) OJ L 395, 30.12.1989.

(2001/C 350 E/095)

WRITTEN QUESTION E-1190/01

by Luis Berenguer Fuster (PSE) to the Commission

Subject: European Social Fund and the Valencia region

(19 April 2001)

In the course of this week, contradictory information has emerged from the Valencia region regarding the
administration of
for the running of
the subsidies provided by the Valencia Regional Government
vocational training courses by approved partner training centres.

During the 2000 financial year the regional government had to pay back 687 million pesetas to the ESF
whilst at the same time many partner bodies and organisations had to abandon courses which had already
been scheduled, since the regional authority was unable to monitor them and check that they met the
required standards.

In the local press there have been reports concerning a former (1995/6) Director-General of Employment
within the Valencia Regional Government (cid:129) JosØ Linfante Vidal (cid:129) who was responsible for such training
initiatives during his time in office and who now runs businesses in the vocational training sector, the
basic activity of which is involvement in programmes co-financed by the European Social Fund. Their
services range from advising on the running of vocational training projects to the teaching of, for example,
courses providing an introduction to new information and communication technologies. Mr Linfante
Vidal(cid:146)s case would appear to be somewhat unethical since some of the schools which he runs have
doubled their revenue since 1995.

Within the Valencia Regional Parliament, questions have been asked regarding the identity of
the
companies and public bodies which have received subsidies, the value of those subsidies, the number of
students enrolled and the degree of success achieved by former students in finding jobs. No answers have
so far been forthcoming.

Is the Commission aware of these facts? To what extent do they affect the beneficiaries of the ESF?

In what way does the Commission work with the Member States(cid:146) authorities in order to meet the needs of
an Objective 1 region, pursuant to the regulations applicable?

Is the Commission intending to take any action regarding the administration of ESF funds in the Valencia
region?

11.12.2001

EN

Official Journal of the European Communities

C 350 E/89

Answer given by Mrs Diamantopoulou on behalf of the Commission

(29 June 2001)

Concerning the questions relating to the information from Valencia (regional parliament, press), the
Commission does not at this stage possess enough details to express an opinion or take any measures
which might be necessary. It has immediately contacted the Spanish authorities in order to obtain replies
to the questions raised by the press and the regional parliament. As soon as it receives this information, it
will inform the Honourable Member and provide him with its analysis of the situation.

Concerning the question on co-operation between the Commission and the Member States, Article 8 of
Council Regulation (EC) No 1260/1999 (1) provides for application of the (cid:145)principle of subsidiarity(cid:146), under
which the implementation of assistance is the responsibility of the Member States at the appropriate
territorial level.

The same regulation also makes provision for arrangements for Commission participation in the
implementation of assistance, in particular budgetary procedures, arrangements for payments to Member
in operational programme monitoring committees. Similarly,
States, and Commission involvement
Commission regulations have been adopted establishing rules and procedures for the implementation,
management and control of assistance granted (Regulation (EC) No 438/2001 (2)) and an obligation to
report irregularities and fraud to the Commission (Regulation (EC) No 1681/94 (3)).

In the specific case of the Autonomous Community of Valencia, the operational programme for the period
1994-1999 (Programa Operativo de la Comunidad Aut(cid:243)noma Valenciana) has not yet been wound up, as
the Commission has not yet received a request for payment of the balance, the final report or the
certification to be provided by the national managing authorities pursuant to Regulation (EC) No 2064/
97 (4). The deadline given to the Spanish authorities to submit all the necessary documentation to the
Commission is 30 June 2002.

As regards the operational programme for the period 2000-2006 (Programa Operativo Integrado de la
Comunidad Aut(cid:243)noma Valenciana), the first meeting of the monitoring committee will take place in
Valencia during June. At this meeting the Spanish authorities will have to report on implementation of the
assistance. The Commission is also due to receive very soon the first annual report for the current period,
describing the implementation and management of this operational programme.

(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds

(OJ L 161, 26.6.1999).

(2) Commission Regulation (EC) No 438/2001 of 2 March 2001 laying down detailed rules for the implementation of
Council Regulation (EC) No 1260/1999 as regards the management and control systems for assistance granted
under the Structural Funds (OJ L 63, 3.3.2001).

(3) 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 (OJ L 178, 12.7.1994).

(4) Commission Regulation (EC) No 2064/97 of 15 October 1997 establishing detailed arrangements for the
implementation of Council Regulation (EEC) No 4253/88 as regards the financial control by Member States of
operations co-financed by the Structural Funds (OJ L 290, 23.10.1997).

(2001/C 350 E/096)

WRITTEN QUESTION E-1194/01

by Luciana Sbarbati (ELDR) to the Commission

(19 April 2001)

Subject: Population ageing and misdirected Community measures

At the Lisbon European Council in 2000 a decision was taken to instruct a high-level working party to
draw up a study on future developments in European social protection from a long-term perspective. One
subject to attract particular interest was the sustainability of pension systems beyond 2020.