WRITTEN QUESTION E-3505/00 by Piia-Noora Kauppi (PPE-DE) to the Commission. Monitoring of farm subsidies and policy on penalties.
Date: 2000-11-10
Institutions: European Parliament, Provisional data
Subjects: EU control, Finland, aid to agriculture, sanction (EU)

C 163 E/144

Official Journal of the European Communities

EN

6.6.2001

chapter and monitoring the progress towards accession, the Commission is in continuous contact with the
candidate countries on all questions relating to the environmental acquis. As for the above-mentioned
directives, the Commission has held consultations with the candidates with a view to making the necessary
technical adaptations of the lists of habitats and species annexed to the directives.

Cyprus is therefore well aware of the obligations of a Member State in respect of the environmental acquis,
including the Birds and Habitats directives. It is also party to the Bern Convention on the conservation of
European wildlife and natural habitats. Cyprus, together with the other candidates, is strongly encouraged
to respect the spirit of the environmental acquis before accession. In particular, the Commission has
pointed out that there are bird-trapping methods, such as those mentioned by the Honourable Members,
which are incompatible with the provisions of the Birds Directive. The Commission will continue to
monitor Cyprus(cid:146) progress in completing the harmonisation process and in establishing the administrative
capacity necessary to implement the acquis.

(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

(OJ L 206, 22.7.1992).

(2) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979).

(2001/C 163 E/161)

WRITTEN QUESTION E-3505/00

by Piia-Noora Kauppi (PPE-DE) to the Commission

Subject: Monitoring of farm subsidies and policy on penalties

(10 November 2000)

Finland is likely to have to repay around 25 million marks in agricultural subsidies received from the EU,
on account of inadequate monitoring. This sum relates to the whole period of Finland(cid:146)s membership of the
EU.

Our Minister of Agriculture, Kalevi Hemil(cid:228), has publicly complained that the erroneous allocation of
subsidies was caused by the EU(cid:146)s extremely strict, bureaucratic and precisely regulated monitoring.

In his opinion, unreasonable penalties are being imposed for minor faults in the administration of
subsidies. If a single cow(cid:146)s eartag is missing, all the cattle may be denied subsidies. Similarly, if a stone
ruin or a small barn is omitted from surface area calculations, a whole area of arable farmland may be
declared ineligible for subsidy.

The Ministers of Agriculture have accordingly proposed to the Commission that the penalty system be
simplified.

1.

Has a working party already been set up to plan a simplified penalty system?

2. What is the Commission(cid:146)s view of the proposal that the loss of subsidy could apply only to an
individual case on each occasion?

Answer given by Mr Fischler on behalf of the Commission

(9 January 2001)

With regard to comments on the imposition of (cid:145)unreasonable penalties(cid:146), the Commission would emphasise
the importance attached to the respect of proportionality of sanctions in the Integrated administration and
central system (IACS) legislation. Nevertheless, there is a clear need for a sanctions system to ensure the
proper management and safeguarding of Community funds. Persons claiming Community aids should
respect the rules, especially those related to eligibility for aids, and those found to be in non-compliance
should be penalised proportionately.
In respect of the examples cited in the Honourable Member(cid:146)s
question, the Commission is unaware of any sanctions being applied in the way described (i.e. total refusal
for a relatively minor irregularity), although it confirms that a percentage reduction might be applicable to
the overall aid application.

6.6.2001

EN

Official Journal of the European Communities

C 163 E/145

The Commission would inform the Honourable Member that:

(cid:129) the Commission organises regular committee and other experts group meetings to discuss and amend
Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for
applying the integrated administration and control system for certain Community aid schemes (1) in
collaboration with the Member States. These discussions are expected to intensify in the course of
2001. Moreover, an ad-hoc working group as referred to in the Council declaration of 25 October
2000 charged with the task to co-ordinate the analysis and the discussion of proposals related to
simplification in general had its first meeting on 11 December 2000;

(cid:129) the Commission cannot agree with the concept that sanctions should be limited only to the offending
element, for example one ineligible animal, as this would result in aid applicants being in a (cid:145)no-lose
situation(cid:146), possibly encouraging wilful non-compliance with governing rules.

(1) OJ L 391, 31.12.1992.

(2001/C 163 E/162)

WRITTEN QUESTION E-3507/00

by Stefano Zappal(cid:224) (PPE-DE), Antonio Tajani (PPE-DE),
Guido Viceconte (PPE-DE), Enrico Ferri (PPE-DE), Francesco Musotto (PPE-DE)
and Generoso Andria (PPE-DE) to the Commission

(10 November 2000)

Subject: High-speed trains

Given that:

(cid:129) a draft law is under discussion in Italy (No 4629/S) designed to annul the award to general contractors

of contracts for high-speed trains amounting to several million euro;

(cid:129) if adopted, this provision would seem to violate the principle of separation of powers between the
legislative and administrative branches of government, damage the rights of the defence and under-
mine the possibility of any appeal for damages;

(cid:129) recently, the Minister concerned, Mr Bersani, expressly stated that the provision may be included in

the budget shortly to be adopted;

(cid:129) the awards date from the beginning of the 1990s and predate the existing legislation on the matter;

Will the Commission say:

(cid:129) whether it is aware of this problem;

(cid:129) whether it intends to pursue this matter and intervene as a matter of urgency, given that it may entail

infringements of Treaty provisions that will harm the interests of Union citizens?

Answer by Mr Bolkestein on behalf of the Commission

(23 January 2001)

The Commission had not been aware that the Italian Government intended to annul the awards to general
contractors for work on high-speed rail lines.

As a result of the question, however, the Commission obtained the draft law (cid:129) to which the honourable
Member refers and which was tabled in the Italian Parliament by the Minister of Transport (cid:129) and it has
become aware of the fact that it proposes to apply national regulations, implementing Council Directives
93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works