WRITTEN QUESTION E-1929/98

by Roberta Angelilli (NI) to the Commission

(18 June 1998)

Subject: Ownership of farmland in Romania

In Romania, under Law 187 of 1945, all owners of farmland of more than 50 hectares were expropriated and their land given to peasants. In 1948, it was decided that all farmland, including farmland belonging to peasants, would be farmed by cooperatives and state-run enterprises. This was accompanied by the confiscation of the holdings of less than 50 hectares that had not been affected by the 1945 expropriation law.

In 1991, individual ownership of farmland was reintroduced, but only for Romanian citizens domiciled in Romania.

In 1997, a further law provided for the return of up to 50 hectares of farmland affected by the 1945 law for Romanians not resident in Romania, setting a time limit of 150 days for submitting applications to regain possession of confiscated assets.

In Romania today citizens who are nationals of an EU Member State cannot buy or buy back agricultural holdings and even former Romanian citizens cannot regain possession of their assets. Individuals who are not Romanian citizens can inherit farmland but are compelled to sell it within one year.

In view of the above, can the Commission say:

1. whether the possible enlargement of the EU to include Romania should be made subject to the removal of all discrimination between EU citizens and Romanian citizens?

2. whether it considers it appropriate to approach the Romanian authorities in order to request that farmland also be returned to EU citizens who are former Romanian citizens, but who do not wish, or cannot, return to Romania in order to become Romanian citizens?

3. whether it considers the fact that when individuals who are not Romanian citizens inherit land they are compelled to sell it within one year to be a serious restriction?

4. what its overall views on this matter are?

Answer given by Mr van den Broek on behalf of the Commission

(22 July 1998)

1. Upon accession, the "acquis communautaire" will be applied in Romania. In particular the right of establishment will be guaranteed to all the citizens of the enlarged Union without discrimination. This will include the right to acquire agricultural holdings, for which, at present, the principle of non discrimination is exceptionally excluded by the provisions of the Europe Agreement between the Community and Romania.

2. Until accession the Commission has no authority to intervene on issues such as the rules on restitution of land to former owners. These policies fall naturally under the exclusive competence of each sovereign state.

3. The specific obligation imposed on non-residents to sell inherited land holdings within a stated period and, in general, the regimes for the ownership and sale of land are excluded from the application of the principle of equal treatment between Community and Romanian nationals foreseen by the Europe Agreement.

4. In principle, any limitation to the right of property can cause an economic prejudice to the owner of such right. Reasons of general interest have probably induced the Romanian legislator to introduce the limitations mentioned in the question. Before the accession of Romania to the Community the Commission has no authority to intervene on such issues.