WRITTEN QUESTION P-1126/04 by Véronique De Keyser (PSE) to the Commission. Use of structural funds.
Date: 2004-04-06
Institutions: European Parliament, Provisional data
Subjects: EU financing arrangements, Latvia, accession to the European Union, real property, structural expenditure, urban renewal

C 88 E/572

Official Journal of the European Union

EN

8.4.2004

The Commission would also draw the Honourable Member’s attention to the fact that decisions of the
Switzerland-based Court of Arbitration for Sport (CAS) may be challenged before the ordinary courts
under certain conditions and on certain (limited) grounds.

(1) Case C-222/86 Heylens [1987] ECR 4097.

(2004/C 88 E/0583)

WRITTEN QUESTION P-1124/04

by Professor Sir Neil MacCormick (Verts/ALE) to the Commission

Subject: Tax concessions for stud farms

(6 April 2004)

Will the Commission please state its view concerning the practice whereby Ireland grants tax exemption to
stud farms in respect of ‘nomination fees’ payable when a stallion impregnates a mare?

Is this practice not an illegitimate form of state aid to stud farms in Ireland?

Answer given by Mr Fischler on behalf of the Commission

(30 April 2004)

The Commission has received a formal complaint about the practice of Ireland granting tax exemption to
stud farms. As the Commission has concerns about the compatibility with State aid rules, this practice is
being examined under Article 88 of the EC Treaty (State aid No NN 32/04).

(2004/C 88 E/0584)

WRITTEN QUESTION P-1126/04

by Véronique De Keyser (PSE) to the Commission

(6 April 2004)

Subject: Use of structural funds

It would appear that some of the structural funds earmarked for Latvia are to go towards restoring castles
and other property being reacquired by former aristocrats who are still in exile or who have recently
returned to the country. These funds are therefore being used for the restoration of private property
reacquired at reduced prices and not for the restoration of heritage sites open to the public. Some
repossessions even involve the expropriation of schools. I am stunned at such a use of structural funds and
would like to verify the accuracy of this information, which appeared in a television programme called
‘Des racines et des hommes’ (‘Roots and men’), broadcast by France 3 on 30 March 2004.

Is the use of structural funds in the Baltic States monitored in detail, and is there any information that
could be published with which to confirm or deny these claims?

Answer given by Mr Fischler on behalf of the Commission

(30 April 2004)

Assistance from the European Union to Latvia under the Structural Funds will be delivered under the
Objective 1 Single Programming Document, negotiated with the Latvian authorities which has yet to be
formally approved in advance of accession on 1 May (1).

8.4.2004

EN

Official Journal of the European Union

C 88 E/573

Accordingly, no payments have been made under this programme. The Latvian authorities are currently
engaged in the preparatory work necessary to set up selection criteria as the basis for the identification of
projects in a transparent and competitive manner for support under the programme.

The SPD may be consulted on (http://www.esfondi.lv).

(1) The SPD may be consulted on (http://www.esfondi.lv).

(2004/C 88 E/0585)

WRITTEN QUESTION P-1141/04

by Göran Färm (PSE) to the Commission

(6 April 2004)

Subject: European patent rights in the USA

Some years ago I drew the Commission’s attention to the systematic protectionism practised in the
American legal system, which unfortunately still persists. Several cases brought by European researchers
and inventors before US courts in defence of their patent rights have been obstructed, more or less openly,
by those courts. This may be a breach of the TRIPS agreement, to which the USA is a signatory and which
guarantees foreign patent holders the right to bring proceedings before the signatories’ courts. The case
which the Swedish inventor, Dr Håkan Lans, is still forced to pursue in the US courts after several years is
a clear example of the US protectionism referred to above. Is the Commission prepared to take up Dr Lan’s
case with the US Administration as a warning and a clear indication that the EU will not tolerate such
discrimination?

Answer given by Mr Lamy on behalf of the Commission

(27 April 2004)

The Commission makes extensive efforts to closely monitor the conduct of its trading partners to ensure
their compliance with the stipulations of the TRIPS Agreement.

Regarding the unfortunate circumstances faced by the Swedish inventor Dr Håkan Lans, the Commission
has undertaken a thorough evaluation of the issues involved in the case in conjunction with Dr Lans
himself. Unfortunately, the conclusion that has been reached is that there are no viable legal avenues that
could be pursued in the area of trade policy in this instance.

Obviously, the Commission will thoroughly investigate any other cases brought to its attention which
would call into question the way that the United States’ legal system treats European researchers’ and
inventors’ patent rights pursuant to the TRIPS Agreement.

(2004/C 88 E/0586)

WRITTEN QUESTION E-1145/04

by Ilda Figueiredo (GUE/NGL) to the Commission

Subject: Establishment of a Community inspection body

(15 April 2004)

In view of the fact that the Commission is insisting upon establishing a Community inspection body to
come into operation in 2006, and since the legislation relating to the Community financial support to be