WRITTEN QUESTION P-2340/02

by Antonios Trakatellis (PPE-DE) to the Commission

(22 July 2002)

Subject: Mismanagement of Community funds in the environmental sector in Greece and the violation of property rights in projects carried out under the Natura 2000 network

In view of the mismanagement of Community funds in the environmental sector in Greece which has been condemned by the Greek Parliament (July 2002) and on the basis of detailed data furnished by Commissioner Barnier in an annex to his answer to my question E-0796/02(1) on the Community funding of plans and projects implementing the Natura 2000 network and EAGGF contribution to environmental protection in Greece, will the Commission state:

- What measures it has taken, or does it intend to take, to address the mismanagement of funds and fraud in the funding of projects by the ERDF, the EAGGF and the Life programme and to ensure that effective environmental protection is carried out in Greece?

- To which projects or actions has funding amounting to GRD 778 217 320 (EUR 2 283 836,6) been allocated for the implementation of the Maríne park of Lagana Bay, Zakynthos Biotope Management which was co-funded by the European Regional Development Fund (operational programme on the environment) for the protection of the Caretta Caretta sea turtle?

- Is it aware that excessively large areas of land have been tied down for twenty years for the protection of Caretta Caretta and the creation of the national park of Zakynthos, without the owners receiving any financial compensation or indemnification or the land being expropriated? To what extent does the Commission find it acceptable that Community funds should be used to co-fund projects which deprive the owners of ownership rights without just compensation being paid to them in good time, which is a violation of the fundamental principles of the EU Treaty (Article 6) and the Charter of Fundamental Rights of the European Union (see Article 17)(2)?

(1) OJ C 301 E, 5.12.2002, p. 54.

(2) OJ C 364, 18.12.2000, p. 1.

Answer given by Mr Barnier on behalf of the Commission

(30 September 2002)

The Commission has been informed about mismanagement of Community appropriations from the European Agricultural Guidance and Guarantee Fund (EAGGF) and in relation to long-term set-aside of pasture. It has asked the Greek authorities to carry out on-site checks, the initial findings of which confirm substantial irregularities. The European Anti-Fraud Office (OLAF) is currently conducting an investigation with the assistance of the serious fraud squad and the other Greek authorities concerned, including the Ministry of the Interior. All payments from the EAGGF have been suspended pending completion of the investigation, the findings of which will be notified to the Greek authorities for follow-up action.

The Commission has not, however, been informed of any fraud in part-financing under the European Regional Development Fund (ERDF) and the Financial Instrument for the Environment (LIFE).

Regarding the work part-financed by the ERDF for the Laganas Maríne Park project in Zakynthos, the Commission would point out that in accordance with the subsidiarity principle sole responsibility for project selection and implementation rests with the Member States. The Commission therefore does not hold comprehensive information, which is supplied only in the event of checks, and would ask the Honourable Member to request that information from the managing authority for the Environment operational programme (Evritania and Itea Street 2, 11523 Athens, telephone 010-6971700).

The Commission is not responsible for determining financial compensation in respect of the losses referred to or for taking expropriation decisions. Expropriations are a matter for the national authorities in compliance with national legislation. Expropriation costs may be eligible for part-financing by the Structural Funds, subject to the conditions and limits stipulated in rule No 5 of Commission Regulation (EC) No 1685/2000 of 28 July 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds(1).

(1) OJ L 193, 29.7.2000.