EN Official Journal of the European Union CE 78/482

(2004/C 78 E/0504)

WRITTEN QUESTION E-3183/03

by Paulo Casaca (PSE) to the Commission

(27 October 2003)

Subject: Calculating the additional levy in the Azores Autonomous Region

The Commission is certainly not unaware that the conditions laid down by Regulation (EEC) No 3950/92 (1) for calculating the additional levy in the milk and milk products sector are complex, and give the Member States considerable latitude in establishing the criteria and methods of calculation.

In the case of the Azores Autonomous Region, the existence of additional mechanisms and conditions laid down under the arrangements established by the Poseima Regulation make their application still more complex.

There is a certain amount of confusion and perplexity in the Azores Autonomous Region, about the results announced by buyers to milk producers, given that the first estimates indicated that the additional levy was non-existent, while the later figures, forwarded to the Commission, indicated that the levy did exist.

I have been asked, as a Member of the European Parliament, to clarify the questions which the affected farmers are asking themselves. I have likewise sought explanations from the Commission services responsible for managing the additional levy on milk systems, who have refused so far to provide me with any explanation, arguing that they are obliged to do so only to the Member State itself.

I would therefore like to know whether the Commission can confirm that this is indeed how it views its responsibility to inform (or not) European citizens, and, in particular, their elected representatives.

If this is not the case, will the Commission please tell me when and how I can obtain the clarifications I have requested.

Answer given by Mr Fischler on behalf of the Commission

(17 December 2003)

In answer to the questions of the Honourable Member, the Commission stresses that all Member States are subject to the same rules when it comes to assessing whether their producers have complied with the rules in milk quotas). To establish a possible overrun, the actual quantity of milk produced, under either the national reference quantity for delivery to the processing industry or the national reference quantity for direct sales to consumers, is compared with the respective national reference quantities. In the case of delivery, this quantity is corrected upwards where the fat content of the milk produced exceeds the reference fat content.

In the context of distributing the levy among producers who contributed to the excess, Member States have the option to reduce individual excess of producers by reallocating unused quantities from other producers. If they decide to do so, there are strict rules for such reallocations.

On top of the normal rules, as described above, the Azores have been granted a temporary exemption from the levy within the limit of a maximum of 73 000 tonnes/year. In a case where producers exceed their reference quantity, this exemption can be used to diminish their overrun (see Article 23 of Regulation (EC) No 1453/2001 (2)).

The Council decided in September 2003 to grant a permanent quota increase of 50 000 tonnes/year for the Azores (see footnote to point b) of Annex I of Regulation (EC) No 1788/2003 (3)) and to decrease the temporary exemption (see Article 147(3)(d) of Regulation (EC) No 1782/2003 (4)). The Commission recently made a proposal to grant, in addition to the increase of quota of 50 000 tonnes/year, a permanent exemption for 23 000 tonnes/year to producers having overrun their reference quantity (5).

Portugal, like all other Member States, has communicated the provisional 2002-2003 production figures to the Commission. It appears that it exceeds its national reference quantity for delivery. On the basis of the data received, the Commission is presently seeking additional explanations from the Portuguese authorities.

After having received and evaluated this information, the Commission will inform the Honourable Member.

(1) OJ L 405, 31.12.1992, p. 1.

(2) Council Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima), OJ L 198, 21.7.2001.

(3) Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector, OJ L 270, 21.10.2003.

(4) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, OJ L 270, 21.10.2003.

(5) COM(2003)617 final.