WRITTEN QUESTION E-2575/00 by Ilda Figueiredo (GUE/NGL) and Arlindo Cunha (PPE-DE) to the Commission. Rules governing the application of agro-environmental measures in Portugal.
Date: 2000-08-01
Institutions: European Parliament, Provisional data
Subjects: Portugal, aid to agriculture, application of EU law, arboriculture, deciduous tree, extensive farming, organic farming

C 163 E/2

Official Journal of the European Communities

EN

6.6.2001

Of particular importance is the jurisdiction of the Court under Article 300 (6) EC to give an opinion on
whether an international agreement envisaged is compatible with the Treaty. In its opinion in C-1/91 of
14 December 1991 the Court held that the system of judicial supervision which the draft EEA Agreement
proposed to establish was incompatible with the EEC Treaty (6). In its opinion in C-1/94 of 15 November
1994, the Court held that the Community did not have sole competence to conclude all parts of the
agreement establishing the World Trade Organisation concerning trade in services (GATS) and the trade
related aspects of intellectual property rights including trade in counterfeit goods (TRIPs) (7). Thus, the
Community is required either to change the content of the agreement envisaged or to amend the Treaty
under Article 48 (ex Article N) of the Treaty on European Union.

The Commission regrets the delay in giving this supplementary answer.

(1)

Judgment of the Court of first instance in joined cases T-79/89, T-84/89, T-85/89, T-86/89, T-89/89, T-91/89,
T-92/89, T-94/89, T-96/89, T-98/89, T-102/89 and T-104/89 BASF and others v. Commission, ECR [1992] II-315,
point 31.

(2) ECR [1960] p. 325.
(3) ECR [1960] p. 355.
(4) Unpublished, judgment of 5 October 2000.
(5) At point 99 of the judgment.
(6) ECR [1991] I-6079.
(7) ECR [1994] I-5267.

(2001/C 163 E/002)

WRITTEN QUESTION E-2454/00

by John McCartin (PPE-DE) to the Council

(24 July 2000)

Subject: European border regions

Is the Council aware of a proposal by the Commission for an (cid:145)Action Plan(cid:146) to help border regions cope
with enlargement and has the Council considered whether this plan will require a change to the financial
perspectives with a new ceiling in Category 2 so that existing poor regions will not lose assistance as
a result?

Reply

(12 February 2001)

The Council has not
referred to by the
Honourable Member, and consequently has no plans to change the financial perspective to cover the
actions described in the question. In this respect, the situation of existing poor regions is not in doubt.

received any Commission proposal along the lines

As regards the second question, the Council would remind the Honourable Member that, in any case, the
financial perspective already includes coverage for other actions, in particular strand A of Interreg III which
aims to promote integrated regional development between border regions, including external borders and
maritime borders.

(2001/C 163 E/003)

WRITTEN QUESTION E-2575/00

by Ilda Figueiredo (GUE/NGL) and Arlindo Cunha (PPE-DE) to the Commission

(1 August 2000)

Subject: Rules governing the application of agro-environmental measures in Portugal

It appears that there are considerable loopholes in the implementation of some agro-environmental
measures in Portugal, particularly those relating to the preservation of extensive methods of cultivating
cork oak and holm oak and organic farming.

6.6.2001

EN

Official Journal of the European Communities

C 163 E/3

These loopholes exist at three main levels:

(cid:129) a lack of preparation among the technical teams carrying out checks at regional level;

(cid:129) the lack of a regulatory framework as regards supervision;

(cid:129) the lack of prior information for farmers on the technical requirements to be met under the various

measures.

As a result of these loopholes, there are frequent disparities as regards the interpretation of the legal and
technical requirements for the correct implementation of the various measures and, consequently, farmers
benefiting from these measures suffer unjust treatment.

Can the Commissioner responsible for agriculture and rural development provide detailed information on:

1.

2.

the legislation relating to the supervision of agro-environmental measures in Portugal;

the specific training provided for technical staff in the Portuguese Agriculture Ministry responsible for
supervising agro-environmental measures;

3. whether it has recently carried out any inspections in Portugal in this connection?

Supplementary answer
given by Mr Fischler on behalf of the Commission

(4 December 2000)

In accordance with subsidiarity, Member States are responsible for implementing agri-environmental
measures. Until 31 December 1999, Commission Regulation (EC) No 746/96 of 24 April 1996 laying
down detailed rules for the application of Council Regulation (EEC) No 2078/92 on agricultural
production methods compatible with the requirements of the protection of the environment and the
maintenance of the countryside (1) required Member States to carry out administrative and on-the-spot
checks. Since 1 January 2000,
implementation of agri-environmental measures has been governed by
Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed rules for the application
of Council Regulation (EC) No 1257/1999 on support
from the European
Agricultural Guidance and Guarantee Fund (EAGGF) (2); the verification requirements have not changed
significantly.

for rural development

Regulation (EC) No 746/96 and its amending Regulation (EC) No 435/97 of 6 March 1997 (3)
1.
contain provisions on monitoring the implementation of agri-environmental measures.
In 1998 the
Portuguese Ministry of Agriculture, Rural Development and Fisheries incorporated those Regulations(cid:146)
standards into the unified monitoring system by means of Legislative Order No 30/98 of 20 March.

2.
The Ministry of Agriculture technicians responsible for monitoring agri-environmental measures
belong to the regional agricultural directorates(cid:146) taxation and monitoring departments and are integrated
into the unified monitoring system. In addition to basic training in agronomy, these technicians are also
specifically trained to monitor inter alia agri-environmental measures by Ifadap (Portugal(cid:146)s financial
institute for the development of agriculture and fisheries), which manages the funds in question.

Where the measures to be checked are of a more specific technical nature, a specialist from the regional
agricultural directorates joins the monitoring team.

The Commission last carried out an on-the-spot

3.
inspection of Portuguese agri-environmental
measures in May 1999. More recently, in June 2000, a purely administrative check was carried out within
the relevant payment agency in Portugal.

(1) OJ L 102, 25.4.1996.
(2) OJ L 214, 13.8.1999.
(3) OJ L 67, 7.3.1997.