WRITTEN QUESTION E-2116/02

by Lucio Manisco (GUE/NGL) to the Commission

(17 July 2002)

Subject: New Italian laws on managing the artistic heritage

What view does the Commission take of the setting up by the Italian Government of two companies (Patrimonio dello Stato S.p.A. and Infrastrutture S.p.A.) to manage the artworks, historic buildings and land owned by the State and, possibly, to mortgage and even sell off part of these assets with a view to generating funds for major public works of various kinds?

Would the Commission not agree that moves of this kind must be seen as a form of creative accounting aimed at increasing or concealing the size of a public debt which is already extremely high in Italy, to an extent that is incompatible with the Stability Pact criteria?

In connection with another extremely serious aspect of this matter namely the danger that the world's most extraordinary historic, artistic and natural heritage might be broken up, at least in part the Italian President asked the Prime Minister for assurances as to its protection and for the relevant laws to be tightened up. In his reply of 2 July 2002 the Prime Minister, Mr Berlusconi, acknowledged the basic constitutional requirement to protect the heritage but rejected the request for further legislation to regulate the activities of the two companies that had been set up.

Given the widespread alarm that the government's attitude and these legislative initiatives have caused in cultural circles, would the Commission not agree that it should ask the Italian Government for an explanation, in the light of the provisions of Title XII of the EC Treaty (Article 151), the European Convention on the Protection of the Archaeological Heritage and the Convention for the Protection of the Architectural Heritage of Europe?

Answer given by Mr Solbes Mira on behalf of the Commission

(15 October 2002)

The question refers to legislation recently adopted by the Italian parliament and setting up two institutions, Patrimonio SpA and Infrastrutture SpA.

Under the Stability and Growth Pact, all Member States are committed to adhere to the medium-term objective of budgetary positions close to balance or in surplus.

The budgetary position is defined in terms of the general government deficit, in accordance with Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community(1) (also known as ESA 95) and with Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the Community(2) (as amended by Commission Regulation (EC) No 351/2002 of 25 February 2002(3)).

Eurostat is currently scrutinising the nature of the operations to be carried out by these institutions and will pass judgment on their treatment in the government accounts once the institutions start operating.

Article 151 (former Article 128) of the EC Treaty empowers the Community to take action to encourage cooperation between the Member States in cultural matters. The question put by the Honourable Member does not fall under the Community's jurisdiction but, in line with the subsidiarity principle, is a matter solely for the Member State in question.

Moreover, the Union is not party to the European Cultural Convention of 19 December 1954 or the Convention for the Protection of the Architectural Heritage of Europe of 3 October 1985; thus it is not for the Commission to look into any infringements.

(1) OJ L 310, 30.11.1996.

(2) OJ L 332, 31.12.1993.

(3) OJ L 55, 26.2.2002.