WRITTEN QUESTION P-4152/97 by Francesco Baldarelli (PSE) to the Commission (7 January 1998)

Subject: The application of Regulation (EEC) 2078/92 in the Italian regions

In response to written opinions from the Commission and a judgment by the Regional Administrative Court the Regional Council of the Marches issued an act regulating the application of Regulation (EEC) 2078/92 ((OJ L 215, 30.7.1992, p. 85.)), in particular measure A2, 'organic farming'.

The Regional Council of the Marches has stipulated - on the basis of technical opinions and in accordance with the Community Regulation - measures concerning the conversion of land to organic farming, by providing the possibility of five-year rotation for the cultivation of lucerne.

The decision establishes that: (1) the area used for the cultivation of lucerne may be rotated on a five-yearly basis provided that it does not exceed 60% of the utilized agricultural area; (2) farms mainly engaged in livestock farming consisting of less than 5 hectares may, over 5 years, use as much as 100% of the useable agricultural area.

This decision was issued on the basis of similar decisions in the regions of Tuscany, Lombardy and Emilia Romagna, which have a similar five-year rotation system for herbaceous crops (lucerne or grassland).

After a number of meetings DG VI gave ample assurances regarding the lawfulness of the regional decision, but now, via communications from its officials to the Marches Region, it seems to be calling it into question.

In view of this, can the Commission say:

1. how it can envisage disparities in treatment between Italian regions in the application of measure A2 in Regulation (EEC) 2078/92;

2. whether it considers that the application of this Regulation by the Region is in full compliance with the principle of subsidiarity;

3. whether pressure has been put on the Commission or its officials to persuade it to treat the Region of the Marches differently from other regions and in a way which penalizes it;

4. whether it should forthwith allow the Marches the same concessions as other regions?

Answer given by Mr Fischler on behalf of the Commission (26 January 1998)

In response to claims of discrimination against the region of Marche with regard to the rules for the application of measure A2 'Organic farming' under the regional agri-environmental programme, the Commission looked at similar measures in force forming part of all the programmes approved in Italy under Regulation (EEC) No 2078/92. The Commission found no evidence of disparities or preferential treatment. The Commission has, on several occasions, and most recently on 9 December 1997, expressed and explained to the regional authorities its reservations about the Marche regional decision referred to in the question. There was no justification for the decision to derogate from the rotation rules in force (two years of cereals + three years of forage crops), by allowing a five-year lucerne monoculture, for all current commitments, for holdings specialising in livestock-farming or with a UAA of less than 5 ha. The proposed lucerne monoculture is not justifiable as part of an organic farming measure either on agronomic grounds or on economic grounds, since it does not satisfy the conditions for the premium currently in force for this measure.

The Commission takes the view that by approving the above-mentioned decision it would be discriminating against the other Italian regions, where, contrary to what is stated in the Honourable Member's question, multiannual rotation under such a measure is obligatory, which rules out a forage crop monoculture in connection with an agri-environmental commitment.

Article 7 of Regulation (EEC) No 2078/92 lays down that the Commission is to examine proposals communicated by the Member States and decide whether they comply with the Regulation. This is entirely in accordance with the principle of subsidiarity.

As for the question of whether pressure has been exerted, there are absolutely no grounds for such allegations, and the Commission has no further comment on the matter.

The Commission is currently holding discussions with the regional authorities to define a joint position on all the amendments to the agri-environmental programme in question.