WRITTEN QUESTION E-2711/97 by Cristiana Muscardini (NI), Claudio Azzolini (UPE), Elena Marinucci (PSE), Carlo Secchi (PPE), Gastone Parigi (NI), Guido Podestà (UPE) and Enrico Ferri (PPE) to the Commission (1 September 1997)

Subject: Payment of the super-levy on milk quotas

The Commission is no doubt aware that the Lombardy Regional Administrative Court (RAC) has suspended publication of the Italian State Intervention Agency's bulletin published on 28 January 1997, which covered the period 1 April 1996 to 31 March 1997, in response to the appeal submitted by the Interprovincial Association of Milk Producers and the Milan and Lodi Provincial Union of Farmers. The appeal argued that the bulletin in question was unlawful owing to material errors and the failure to include correctly drawn up contracts for the lease and/or sale of milk quotas.

The Commission will also be aware that the Italian Government has set up a Customs Service Committee of Inquiry and has decided to postpone the deadline for payment of the super-levy, which was first set at 30 September 1996 and subsequently extended to 30 June 1997, until 30 September 1997.

1. Does the Commission not consider that these decisions, enabling the committee of inquiry to finish its work, have been damaging to those producers from whom the entire amount of the super-levy was deducted a year ago?

2. Does it not consider that such differences in treatment are upsetting the balance between producers, with adverse effects on the economy of farms and considerable repercussions for competitiveness and competition?

3. Does it not consider it fair, therefore, that the sums deducted in advance should be refunded to the producers in question, with an extra allowance for devaluation and interest, pending the conclusions of the government's committee of inquiry?

Answer given by Mr Fischler on behalf of the Commission (8 October 1997)

1. Decree Law 118 of 7 May 1997 as converted with modifications by Law 204 of 3 July 1997 extends to 30 September 1997 the timelimit for payment by purchasers of the balance of the additional levy due for the 1995/96 period.

This is without bearing on deduction of an amount, by way of an advance on the levy due from producers who exceeded their individual reference quantity for that period in accordance with Law 468/92 and Regulation (EC) No 3950/92 establishing an additional levy in the milk and milk products sector ((OJ L 405, 31.12.1992. )). The Commission's information is that these amounts were systematically either deducted from payments to producers for their milk or secured by bank guarantee.

2. In the circumstances the Commission does not consider that the producers in question have been discriminated against.

3. Before entry into force of the deferring provisions the sums paid by purchasers amounted to around 20% of the total due following the national redistribution exercise in December 1996. These sums relate to levy amounts undisputed by purchasers against which no appeal was launched. The Commission sees no reason why they should be refunded.

The Commission regrets the delay in definitive recovery of the levy due for 1995/96 and 1996/97. The work of the committee of inquiry will however enable problems in connection with the milk year bulletin such as those raised by the Honourable Members to be avoided in future.