WRITTEN QUESTION P-3135/01 by Salvador Garriga Polledo (PPE-DE) to the Commission. List of ESF and ERDF frauds and irregularities which occurred in Spain during the 1994-1999 period.
Date: 2001-11-07
Institutions: European Parliament, Provisional data
Subjects: European Regional Development Fund, European Social Fund, Spain, exchange of information, fraud, information system

20.6.2002

EN

Official Journal of the European Communities

C 147 E/111

the same Directive, and following infringement
As regards the implementation of Article 11(1) of
proceedings by the Commission against Belgium and Luxembourg, the Commission is informed that the
requirement has been correctly transposed by the Member States concerned, insofar as it exists in national
law and national authorities are empowered to implement it. It notes the view of the Honourable Member
that three Member States have incorrectly implemented the requirements of this Article. Since it is not
clear whether the conditions complained of constitute part of the ‘standard terms and conditions’ to which
Article 11(1) applies, the Commission will raise this matter with the Member States concerned. The
Commission would point out that complaints regarding the failure of telecommunications operators to
fulfil their obligations under Community law, such as the obligation to present certain information clearly
and accurately, should be brought to the attention of the relevant authorities in the Member States
concerned.

For the above reasons, the Commission can find no grounds for taking further action under Article 226
(ex Article 169) of the EC Treaty at this time, bearing in mind that the Commission has already taken the
proceedings necessary to ensure transposition of the provisions of Directive 98/10/EC.

JO C 40 E, 14.2.2002, p. 3.

(1)
(2) OJ L 101, 1.4.1998.

(2002/C 147 E/116)

WRITTEN QUESTION P-3135/01

by Salvador Garriga Polledo (PPE-DE) to the Commission

(7 November 2001)

Subject: List of ESF and ERDF frauds and irregularities which occurred in Spain during the 1994-1999

period

Pursuant to the 29 June 2000 framework agreement on relations between the European Parliament and
the Commission, would the Commission, in coordination with OLAF, provide a list of the frauds and
irregularities which occurred in Spain during the 1994-1999 programming period in respect of aid
granted under the Structural Funds, specifically the ESF and the ERDF?

Answer given by Ms Schreyer on behalf of the Commission

(3 December 2001)

The Commission would emphasise that the Member States are required by Articles 3 and 5 of 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 structural policies and the organisation of an information system
in this field (1) to report to it on the irregularity cases which have been the subject of initial administrative
or judicial investigations and the procedures initiated following irregularities previously notified, and the
important changes resulting therefrom.

Out of a total of 606 cases notified by Spain in connection with all the Structural Funds since this
Regulation was implemented (3rd quarter 1994) to the end of 2000, only 357 related to the European
Regional Development Fund (ERDF) and the European Social Fund (ESF) during the period 1994-1999.

The Commission is sending direct to the Honourable Member and Parliament’s Secretariat, a table giving a
breakdown by type of irregularity committed in the relevant Member State during the period in question.

(1) OJ L 178, 12.7.1994.