WRITTEN QUESTION E-3369/01 by Toine Manders (ELDR) to the Commission. Directive against counterfeit goods.
Date: 2001-12-06
Institutions: European Parliament, Provisional data
Subjects: Netherlands, civil law, criminal law, exchange of information, industrial counterfeiting, judicial cooperation, private sector, public sector

C 134 E/224

Official Journal of the European Communities

EN

6.6.2002

As a result of the current economic problems facing the airline industry after 11 September 2001, many
airlines withdrew air services on a temporary basis, leaving some of their slots unused. Normally, such
unused slots are taken away from the air carrier concerned at the end of the season and reallocated to
other airlines. Given the exceptional nature of the events that lead so may airlines to cancel services, the
Commission took the view that it was appropriate to allow airlines to keep the slots that remained unused
at the end of the Summer season in October 2001 instead of reallocating them as usual. The Commission
will make a further formal proposal to the Council and Parliament to confirm this position when the
current winter season ends in March 2002. This will allow services to be reinstated as demand recovers.
However, this is a temporary and exceptional measure and it should not have an effect on the broader
restructuring process.

(2002/C 134 E/237)

WRITTEN QUESTION E-3369/01

by Toine Manders (ELDR) to the Commission

(6 December 2001)

Subject: Directive against counterfeit goods

The Commission has announced its intention of drafting a directive comprising measures to tackle the
counterfeiting of branded goods.

Experience shows that it is difficult to control this phenomenon. I therefore wish to make a suggestion
which might be worth investigating.

In the Netherlands, an extremely effective instrument has been in existence for more than 30 years which
involves public-private cooperation to combat counterfeiting of goods. The approach is twofold,
combining civil enforcement with the use of the criminal law. The results are very satisfactory.

The use of the criminal law is based on the work of the Buma (Dutch Performing Rights Society)/Stemra
(Mechanical Copyright Organisation)
investigation body to which the
Minister of Justice has entrusted responsibility for enforcing intellectual property rights by means of the
criminal law.

Investigation Service, a special

This public-private cooperation instrument is designed to optimise the effect of civil enforcement by
rights-holders by bringing the force of the criminal law to bear on the basis of intensive exchanges of
information between the parties concerned.

In connection with the proposed directive to combat the counterfeiting of branded goods, will the
Commission consider this specific model of public-private cooperation, with a view to possibly basing
future European policy on it?

Answer given by Mr Bolkestein on behalf of the Commission

(31 January 2002)

As the Honourable Member points out, cooperation between public authorities and the private sector is a
key element in successfully combating counterfeiting and piracy.

The consultation of interested parties initiated by the Commission in 1998 with the Green Paper on
combating counterfeiting and piracy in the single market clearly showed how important close cooperation
between all of the players concerned is if counterfeiting and piracy are to be combated effectively.

Cooperation can take various forms. In particular, the consulted parties stressed the need for better
coordination between databases and increased cross-border information flows, involving public authorities
and professional bodies.

6.6.2002

EN

Official Journal of the European Communities

C 134 E/225

In its Communication of 30 November 2000 on the follow-up to the Green Paper (1), the Commission
stressed the need for improving cooperation between the private sector and public authorities and
recommended that public authorities and the private sector make better use of the databases and public
and private information systems for combating counterfeiting and piracy, while respecting the rules of
confidentiality and data protection. The Commission also expressed its wish that the compatibility between
existing systems and any gateways that would need to be created between them should be investigated.
Finally, the Commission encouraged national and private initiatives aimed at concluding protocols of
agreement for cooperation and exchange of information.

The Dutch Buma/Stemra organisation is a collecting society which took an active part in the Green Paper
consultations of 1998. Under Dutch law, it also has certain executive powers enabling it to play an active
role in combating piracy. The Commission is in contact with the Dutch authorities in order to find out
more about the powers it holds. However, the Commission draws the Honourable Member’s attention to
the fact that it is not planning to include any specific provisions on the cooperation between the private
sector and public authorities in its future proposal for a directive on the enforcement of intellectual
property rights.

It is the Commission’s view that the public authorities and the private sector should themselves find the
appropriate means of setting up and consolidating their cooperation at national level within the law of
each Member State.

(1) COM(2000) 789 final.

(2002/C 134 E/238)

WRITTEN QUESTION E-3376/01

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(7 December 2001)

Subject: Illegal deductions of aid for farmers

In its report on the 2000 financial year the Court of Auditors finds once again that in Greece the
Community aid paid to producers at both central government and local levels is subject to deductions
which are not permitted by any Community legislation. Greece again deducted a charge of 3 % for ELGA
(the Greek Agricultural Insurance Organisation) from all aid granted for citrus fruit, cotton, olive oil and
tobacco. This contribution represents approximately EUR 64 million. For olive oil, there is also a second
deduction, equivalent to 1 % of the aid paid, for the national confederation of producers.

There are also local levies charged by agricultural cooperatives or producers’ associations for arable crops
(2 %), olive oil (1 % plus a standard charge), fruit and vegetables (1 %) and tobacco (2,63 %).

In the report on the 1999 financial year by the Court of Auditors a similar situation was described. In its
reply to my question E-3807/00 (1), the Commission recognised that Community aid was being reduced
and informed me that it intended to look into the issue and, probably, to take action.

Since the Court of Auditors has returned to the same issue, could the Commission state its position on this
problem, and say what measures it intends to take to ensure that Community aid is paid in full to those
entitled to it without the slightest financial deduction being made?

(1) OJ C 174 E, 19.6.2001, p. 148.

Answer given by Mr Fischler on behalf of the Commission

(15 January 2002)

The Commission is well aware of the various problems that exist and have existed in Greece as far as the
respect of
is concerned. The Commission has
endeavoured at different instances and by applying more than one tool, to ensure the scrupulous respect
by the Greek government of the full payment obligation.

the full payment clause by the Greek government