WRITTEN QUESTION E-4008/98

by Joaquim Miranda (GUE/NGL) to the Commission

(5 January 1999)

Subject: Setting of quotas for the tomato sector

In accordance with the rules governing the COM in tomatoes (system of variable quotas with effect from the 1992/2000 marketing season), the amounts of tomatoes processed in the 1997/1998 and 1998/1999 marketing years will have to be taken into account when the quota to be allocated to each country is calculated.

In the 1997 marketing year, for reasons entirely attributable to poor climatic conditions, Portugal did not fill its quota for tomato concentrate (885 000 tonnes); only 760 000 tonnes were produced, even though 1 016 000 tonnes had been contracted for.

Furthermore, UCLAF has launched an investigation in respect of one of the producer countries on account of the fact that, for that same 1997 season, a false declaration was made regarding the quantities processed - something which naturally alters the whole basis of the issue.

If the poor quality of the 1997 marketing year (due to climate-related factors) and the abovementioned fraud are combined with a strict; blanket application of the current rules, the result will be a significant reduction in Portugal's quota for the 1999/2000 marketing year (88 000 tonnes less, i.e. approximately 10 %) and a similar reduction for the following year, which will jeopardize a sector of particular importance to the country.

In the light of the above, would the Commission answer the following questions:

- When quotas are allocated, to what extent will unforeseeable climate conditions (which clearly have a detrimental effect on tomato production) be taken into account?

- What stage has been reached in UCLAF's tomato sector fraud investigations, in one of the major producer countries?

- To what extent does the Commission intend, in 1999, to redistribute the tomato quotas on the basis of the data supplied by each Member State and in the knowledge that the data supplied by one of those Member States are not entirely truthful?

- What kind of compensation will be provided for producers in the Member States whose quota is reduced as a result of the undue increase in another Member State's quota?

Answer given by Mr Fischler on behalf of the Commission

(24 February 1999)

The 1997/98 tomato processing season was marked by poor weather conditions in all producer Member States. The quantities precontracted in the Union as a whole before the start of the year (production target) totalled 8 098 595 tonnes of fresh tomatoes. The production obtained at the minimum price, which is the basis for calculating the redistribution of quotas, was 6 752 442 tonnes, 16,6 % less than the production target.

Article 6(3) of Council Regulation (EC) 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products(1) states on the subject of tomatoes "For the 1999/2000 marketing year, the apportionment shall be on the basis of the average quantities produced in compliance with minimum prices during the 1997/1998 and 1998/1999 marketing years. From the 1999/2000 marketing year onward, no apportionment under this paragraph may result in a variation, by Member State and by product group, of more than 10 % from one marketing year to the next." The Regulation takes no account of climatic factors and, in any case, changes in quota for each product group and each Member State may not exceed 10 % as compared with the previous marketing year.

As the Honourable Member states, a legal investigation has been opened into suspected fraud in the Member State concerned. The antifraud coordination unit (UCLAF) is following this matter. However, since the investigation is still in progress and the procedure is confidential, the Commission cannot, at this juncture, draw any conclusions about whether there has been fraud which could affect the apportionment of quotas.

The Commission will calculate the quotas on the basis of official information from the Member States, which it is bound to accept until such time as it is proved invalid by precise and incontrovertible evidence (of a legal nature in particular).

The Commission can take no position on the basis of a hypothesis unsubstantiated by official findings.

(1) OJ L 297, 21.11.1996.