WRITTEN QUESTION E-3838/02 by Camilo Nogueira Román (Verts/ALE) to the Commission. OLAF inquiry into training courses in the Spanish state.
Date: 2003-01-09
Institutions: European Parliament, Provisional data
Subjects: EU control, EU financing, European Anti-fraud Office, European Social Fund, Galicia, fraud, project evaluation, vocational training

3.7.2003

EN

Official Journal of the European Union

C 155 E/197

In accordance with the established case-law of the European Court of Justice (1), the concept of a body
governed by public law has to be interpreted ‘in functional terms’ and to qualify for such a designation a
body must meet the three conditions set out in the Directives, which Tragsa does.

A letter of formal notice was sent to the Spanish authorities in April 2002. They replied in June 2002,
refuting the arguments put forward by the Commission.

However, contacts between the Spanish authorities and the Commission have clarified certain aspects of
the dossier, with the Spanish authorities notifying the introduction of certain legislative provisions in Law
53/2002 of 30 December 2002 relating to fiscal, administrative and social measures (law accompanying
the Law on the State Budget for 2003), which amends the legal arrangements regarding Tragsa so as to
meet the Commission’s requirements.

Thus, Article 87 of said Law adds a paragraph 7 to Article 88 of Law 66/1997 of 30 December 1997,
providing that Tragsa and its subsidiaries shall be subject, when concluding works, supplies, assistance and
services contracts with third parties, to the Law on the award of contracts by public bodies, which
regulates the implementation in Spanish law of the obligations deriving from Community legislation on
public contracts.

Under these conditions, the Commission will be able to decide at one of its forthcoming meetings on the
closure of this matter.

(1) According to the judgments in cases C-44/96 (Mannesmann) of 15 January 1998, C-360/96 (BFI Holding) of
10 November 1998, C-237/99 (H.L.M.) of 1 February 2001, C-380/98 (University of Cambridge) of 3 October
2000, C-223/99 and 260/99 (Ente Fiera di Milano) of 10 May 2001, the three conditions are that a body must:
(cid:1) have a legal personality of its own;
(cid:1) by controlled financially and administratively by the State;
(cid:1) and have been established for the specific purpose of meeting needs in the general interest, not having an

industrial or commercial character.

(2003/C 155 E/218)

WRITTEN QUESTION E-3838/02

by Camilo Nogueira Román (Verts/ALE) to the Commission

Subject: OLAF inquiry into training courses in the Spanish state

(9 January 2003)

Can the Commission provide information on the external inquiry opened on 22 October 2002 by the
European Anti-Fraud Office (OLAF) against
following complaints made in Spain
concerning training courses funded from the Community budget (ESF)?

the Spanish state,

Can the Commission provide information on the detailed projects allocated to Galicia under the ESF? In
the light of the requests made in earlier questions for an inquiry into fraudulent utilisation by the Galician
regional government of the ESF’s programming and partnership facilities, can the Commission state
whether it has opened an inquiry or sent a request to the Galician regional government in relation to this
subject?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 February 2003)

With regard to irregularities which might have occurred in Spain in connection with training courses
funded from the Community budget (Structural Funds), the European Anti-Fraud Office (OLAF) opened an
external investigation on 22 October 2002. This is an ‘operational assistance’ case, given that the matter
had already been referred to the Spanish authorities. However, information obtained in the course of an
external
judicial authorities is subject to
confidentiality clauses.

investigation coming under the jurisdiction of the national

As far as approved projects in the autnomous community of Galicia are concerned, the Commission would
like to inform the Honourable Member that, in the context of the Structural Funds for the period 2000-
2006, a decentralised administrative system has been set up involving a significant
transfer of
responsibilities for management, evaluation and control to the Member States in line with the principle
of subsidiarity, whereby the Commission remains responsible for implementing the budget.

C 155 E/198

Official Journal of the European Union

EN

3.7.2003

The Commission does not fund European Social Fund (ESF) projects directly. It is up to the Member States
to establish their priorities with a view to the funding and selection of projects while taking account of a
set of objective criteria for the granting of funds laid down by the Commission and the Member States
with the aim of putting the European Employment Strategy’s priorities into practice.

The measures for Galicia were established within this framework, and the Spanish authorities ensure that
these are implemented and followed up. The Commission has stressed the need to ensure a follow-up, as
regards the priorities and measures, using the mechanisms provided for in Council Regulation (EC)
No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1),
in
partrnership with the authorities concerned.

In this connection, a mid-term assessment is in the process of being carried out. This assessment focuses
on the initial results of the measures, their relevance and how far objectives have been achieved. It also
looks at the use of appropriations, as well as the follow-up and implementation. The results, which are
expected by the end of 2003, will have to be taken into consideration in the discussions on the future of
the Structural Funds after 2006.

With regard to the autonomous community of Galicia,
(coordination case) on 29 March 2001 into the ‘Confederación de Empresarios de Galicia (CEG)’.

the OLAF opened an external

investigation

This investigation is being conducted in close collaboration with the Spanish judicial authorities.

No further details can be provided at present since the information obtained during the OLAF’s
investigations is subject to provisions of Community and national law.

(1) OJ L 161, 26.6.1999.

(2003/C 155 E/219)

WRITTEN QUESTION P-3855/02

by Pietro-Paolo Mennea (PPE-DE) to the Commission

(23 December 2002)

Subject: Violation of passengers’ rights

In the wake of complaints from members of the public and numerous press reports, it has emerged that
frequent problems are being caused by EU airlines thanks to the deplorable ‘practice’ of overbooking.

In some cases, passengers who already had a boarding card, whose luggage was already loaded on the
plane, and who had completed all pre-boarding operations according to the rules and on time, have been
refused boarding for no good reason.

It appears, besides, that airlines are violating the most elementary rights of passengers.

With the Christmas and New Year period now approaching, with the consequent large numbers of
passengers flying from many of Europe’s airports, and from the viewpoint of improving the protection of
European citizens’ rights, can the Commission:

(cid:1) take effective steps to put an end to the severe annoyances referred to above;

(cid:1) penalise, wherever possible, airlines which indiscriminately practise overbooking;

(cid:1) undertake a detailed statistical study to monitor overbooking rates, broken down by airline;

(cid:1) publish a document containing the results of that survey, to be made available to consumers and at

airports;

(cid:1) call for proper compliance with the guidelines laid down in the ‘Passengers Charter’.