WRITTEN QUESTION P-1689/99

by Umberto Bossi (TDI) to the Commission

(20 September 1999)

Subject: Milk production

Last July Italy gave notification of the milk levies to purchasers and producers, in accordance with Regulation (EEC) No 3950/92(1), for the 95/96 and 96/97 marketing years. The levies were calculated on the basis of the milk production data modified pursuant to Law 5/98, which are different from the data supplied to the EU and from the exemption from economic area quotas, defined in the compensation

priorities which have already been annulled by the Italian Constitutional Court. Law 118/99, paragraph 17, requires milk producers to certify the new milk production data, which are different from those initially validated by producers and entered into the purchasers' and producers' accounts. The quantities modified are in excess of 500 000 tonnes.

Can the Commission answer the following:

1. Given that all the purchasers have refused to modify the data initially validated, is the compensation that has been implemented late, on the basis of the new data provided by the Italian authorities, reliable and legally valid? Does it therefore place a binding requirement on producers to pay the levy?

2. The purchasers have not paid the levies or the instalments by the deadline specified in Law 118/99. Is it legitimate for milk purchasers to continue holding back the payment of sums, as already notified levies, relating to 1995 and subsequent years?

3. How can the fact that there are entire economic areas in which all producers, without distinction, are exempted from the application of the scheme, by virtue of a national law, be reconciled with the regulations in force?

4. Must the operators in these areas which request support measures from the Union demonstrate, as others do, that they have complied with the Union's rules and implemented measures in line with Community strategies?

5. How do the Community supervisory bodies intend to deal with situations in which there is a clear discrepancy between the accounting and tax data and the data on the basis of which the levy has been charged?

(1) OJ L 405, 31.12.1992, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(19 October 1999)

The management of milk quotas in Italy and collection of the supplementary levy where those quotas have been exceeded has given rise to many difficulties and disputes, resulting in a number of enquiries by Community bodies and the establishment by Italy of a commissione di garanzia quote latte (milk quota guarantee commission) to look at the reference quantities for each individual producer. The results of that work, which was finished in 1999, were sent to the Commission, which found that in general the situation with regard to the individual reference quantities had been clarified. The disputes still to be settled are now a matter for the Italian courts.

The replies to the questions are as follows:

1. The Commission is awaiting factual details concerning finalisation of the recovery proceedings arising from this enquiry.

2. It is up to the Italian authorities to collect the amounts incontestably due from the purchasers (dairies), which in turn have to recover them from the producers.

3. EU rules apply throughout Italy. The Commission regards the selection, on objective criteria, of categories of priority producers to receive favourable treatment under the end-of-year compensation as quite legitimate and in accordance with those rules. Location in a less-favoured region is a valid objective criterion with the main aim of avoiding a further fall in production in regions which are already in difficulty.

4. Yes.

5. The Commission is monitoring the situation in Italy closely and has already intervened on a number of occasions, mainly through infringement proceedings and the clearance of accounts.