91997E3560

WRITTEN QUESTION P-3560/97 by Jaime Valdivielso de Cué (PPE) to the Council (3 November 1997)

Subject: Use of products confiscated because of Community fraud

Fraudulent goods worth hundreds of millions of pounds are confiscated every year in the EU, in application of the regulation on the protection of trademarks and intellectual property rights.

This creates two difficult situations that need rectifying. On the one hand, there are the rights of the legitimate manufacturers, whose design, trademark and logo have been imitated or plagiarized. They are entitled to the guarantee that such products will never again be commercially available. This entitlement has been fulfilled up to now, resulting in the destruction in Spain of goods to the value of 20 000 million pesetas every year.

On the other hand, it is depressing to see these goods being destroyed when they could be used by millions of Europeans who are affected by social exclusion and the scourge of poverty, in what is known as the 'fourth world'.

Has the Council considered the possibility of informing and advising the various judicial authorities in the Member States of an alternative solution to destruction?

Answer (19 January 1998)

The Council would ask the Honourable Member to refer to the replies it gave to Written Questions No 0065/97 and No 0845/97 on the same subject. The Council would point out that the fate of the goods confiscated is determined by each national legislation and that there is nothing in Council Regulation No 3295/94, which is relevant at Community level, to stop the competent national authorities from offering confiscated goods to charitable organizations. Since each Member State is responsible for this area, there are no plans within the Council to take any action to provide information or advice regarding confiscated products.