WRITTEN QUESTION E-0660/03 by Maurizio Turco (NI) to the Commission. Fraud against the EU budget involving 514 companies based in Italy and Luxembourg.
Date: 2003-03-06
Institutions: European Parliament, Provisional data
Subjects: European Anti-fraud Office, Italy, Luxembourg, business ethics, database, economic offence, fraud against the EU

C 33 E/66

Official Journal of the European Union

EN

6.2.2004

The Commission believes that it is the responsibility of the United Nations Security Council to decide
whether the United Nations Security Council Resolution 1441 provides or not the adequate legal basis for
armed intervention. The Commission upholds the authority of the United Nations Security Council as the
competent body to provide the adequate interpretation of these resolutions, and to answer the questions
the Honourable Member raised.

(2004/C 33 E/062)

WRITTEN QUESTION E-0660/03

by Maurizio Turco (NI) to the Commission

(6 March 2003)

Subject: Fraud against the EU budget involving 514 companies based in Italy and Luxembourg

Knowing that:

(cid:1) on 18 February the Italian judiciary arrested 10 people charged in connection with false invoices and

fraud against the EU budget, involving 514 companies based in Italy and Luxembourg;

(cid:1) those arrested include the managing director of Maguro SpA, which has its registered office in San
Prospero Parmense (Parma) and operational base in Sant’Ilario d’Enza (Reggio Emilia). He had already
been cautioned in 2001 in connection with attempted embezzlement of Community funds from the
Banco di Sicilia.

Can the Commission say:

(cid:1) whether it knows about the two investigations and, if so, whether OLAF has launched inquiries;

(cid:1) whether it has obtained or intends to obtain a list of the 514 companies implicated in the fraud;

(cid:1) whether it has a data bank concerning individuals and companies who have defrauded or tried to

defraud the EU and, in the case of companies, data concerning the people in charge of them?

Answer given by Ms Schreyer on behalf of the Commission

(28 April 2003)

The Commission can confirm to the Honourable Member that the facts in question are under criminal
investigation in Italy and currently subject to judicial confidentiality (Article 329 of the Italian Criminal
Code on preliminary investigations).

Should it emerge that Community funding has been affected, the Member State will have to notify the
Commission of that fact, in accordance with the sectoral and general rules, following prior authorisation
by the competent judicial authority. The European Anti-Fraud Office (OLAF) could establish from the
notification whether there was any damage to the Community budget, as well as gathering information on
the companies and individuals involved. At this stage, OLAF has indicated that no investigations are
ongoing.

Finally, the Commission states that it has no register of individuals and companies guilty of fraud or
attempted fraud against the European Union. However, depending on how the Community funds in
question are managed, there are several databases with information on irregularities relating to Community
funds.

It should also be noted that, in accordance with the subsidiarity principle, it is the Member States which
are principally responsible for the financial control of Community funds.