Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91997E3589

**WRITTEN QUESTION No. 3589/97 by Jaime VALDIVIELSO DE CUÉ to the Council. Effective distribution of products confiscated for fraud in the Community** 
  
*Official Journal C 158 , 25/05/1998 P. 0159*

  

WRITTEN QUESTION E-3589/97 by Jaime Valdivielso de Cué (PPE) to the Council (17 November 1997)

Subject: Effective distribution of products confiscated for fraud in the Community

The implementation of the regulation governing trademark protection and intellectual property rights has brought in its wake checks via the customs machinery which have resulted in the detection of over 1500 cases of breach of the law, in virtually all the Member States.

After a product has been confiscated, its future destiny remains in a vacuum. As things stand, such products are systematically destroyed; this is a costly and inefficient solution. Among other disturbing examples, confiscated textiles are destroyed, with all the economic and environmental costs which that entails.

The EU has a precedent for positive use in the case of agricultural products withdrawn from the market, which are distributed free of charge to voluntary organizations, provided they have signed a cooperation agreement with the EAGGF.

Does the Council believe it is possible to introduce a similar system for making good use of products confiscated on grounds of fraud? In the case of Spain, where thousands of textile products have been confiscated, is there any possibility of imaginative use being made of them, by donating them to voluntary or humanitarian organizations such as Caritas or the Red Cross, subject to those organizations signing agreements similar to those existing with the EAGGF?

Answer (26 January 1998)

The Council would refer the Honourable Member to the replies it gave to Written Questions Nos 0065/97, 0845/97 and 3560/97 on the same subject.

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