WRITTEN QUESTION E-0766/02 by Antonio Di Pietro (ELDR) to the Commission. Management of milk quota arrangements in Italy.
Date: 2002-03-19
Institutions: European Parliament, Provisional data
Subjects: Court of Justice of the European Union, European Commission, Italy, action for annulment (EU), agricultural levy, infringement procedure (EU), milk, production quota, regulation of agricultural production

C 229 E/134

Official Journal of the European Communities

EN

26.9.2002

(2002/C 229 E/153)

WRITTEN QUESTION E-0766/02

by Antonio Di Pietro (ELDR) to the Commission

(19 March 2002)

Subject: Management of milk quota arrangements in Italy

In its judgment of 13 November 2001 the Court of Justice of the European Union (Sixth Chamber)
ordered the Commission to rectify,
in respect of
supplementary levies for milk, the recovery of which amounts was being disputed in proceedings pending
before the competent national courts on the date of the decision.

the ‘negative corrections’

in favour of France,

Over the years Italy has been subject to negative corrections amounting to several million euro. Only a
very small proportion of these amounts has so far been paid to producers, because of the enormous legal
dispute pending.

Can the Commission therefore say:

2 whether the sums deducted will be refunded to Italy in accordance with the precedent established by

the Court judgment and whether Italy has requested this refund in the meantime;

2 whether Italy has taken all steps to ensure correct application of the milk quota scheme, as stipulated
in Community regulations, and whether, in the past, the Commission has ever officially certified that
Italy has done everything within its power to ensure correct management of the milk levy system?

Can the Commission also say, in the event that the Italian courts decide in favour of milk producers, who
is liable to pay the levy?

Answer given by Mr Fischler on behalf of the Commission

(6 May 2002)

In reply to the first part of the first question, as to whether the sums deducted will be refunded to Italy, the
Commission wants to emphasise that the judgement of 13 November 2001 of the European Court of
Justice in case C-277/98 does not concern the application of Council Regulation (EEC) No 3950/92, of
levy in the milk and milk products sector (1). Cases
28 December 1992, establishing an additional
concerning this Regulation are still pending (C-148/01, C-153/01). Furthermore, case C-277/98 concerned
corrections made by the Commission in respect of disputed amounts before the national
judicial
authorities. In the case of Italy, the financial corrections made did not concern disputed amounts subject to
judicial review but rather amounts of
levy which have not been invoiced and/or collected due to
negligence by the Italian authorities. No decision has yet been taken by the Commission with regard to
these amounts. The Commission is examining if
the Italian authorities have contributed, by their
negligence in the application of the milk quota regime, to the prevalence of legal disputes.

The clearance decision taken against Italy with regard to milk years 1995/1996 and 1996/1997,
is
therefore coherent with the judgement of the Court of 13 November 2001 in case C-277/98, which does
not require the Commission to abandon financial corrections for amounts subject to national
judicial
disputes but, which merely requires that the Commission demonstrate the negligence of the national
authorities in the recovery of the levies due.

Prior to this decision there was no financial correction to Italy under Council Regulation (EEC) No
3950/92.

In reply to the second part of the first question, as to whether Italy has requested this refund in the
meantime, Italy has appealed the above Commission decision to the Court of Justice and requested its
annulment (Case C54/02).

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the milk quota scheme,

In reply to the second question, as to whether Italy has taken all steps necessary to ensure correct
application of
it has opened infringement
proceedings against Italy under Article 226 of the EC Treaty with regard to incorrect implementation of
the milk quota regime. The proceedings essentially concern the failure to ensure payment of levy due by
producers, other than amounts the immediate recovery of which has been suspended by court order.
Therefore, in the opinion of the Commission, Italy has not taken adequate measures to implement the milk
quota scheme correctly.

the Commission can state that

In reply to the last question, who is liable to pay the levy in the event that the Italian courts decide in
favour of the milk producers, this shall be subject to a decision under Article 7 of Council Regulation (EC)
No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (2). It is premature at
this stage to prejudge what decision will be taken in the future, while all the facts are not yet at the
Commission’s disposal.

(1) OJ L 405, 31.12.1992.
(2) OJ L 160, 26.6.1999.

(2002/C 229 E/154)

WRITTEN QUESTION E-0771/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(19 March 2002)

Subject: Member States’ use of the facilities offered by Regulation (EEC) 2078/92 on agriculture and the

environment

Can the Commission provide comparative data for the last five years of the use made by each Member
State of the facilities offered by Regulation (EEC) 2078/92 (1) (number and percentage of beneficiaries,
number and percentage of areas of land, and the amount of subsidies)?

(1) OJ L 215, 30.7.1992, p. 85.

Answer given by Mr Fischler on behalf of the Commission

(25 April 2002)

In 1998, the Commission elaborated a working document on the implementation of Council Regulation
(EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements
of the protection of the environment and the maintenance of the countryside, in the Community entitled
‘State of application of Regulation (EEC) No 2078/92: Evaluation of Agri-environment Programmes’. It can
be found on the General Directorate Agriculture homepage under http://europa.eu.int/comm/agriculture/
envir/programs/index_en.htm.
the uptake of agri-
environment measures from 1993 onwards.

It entails a detailed description and analysis of

For the current programming period 2000-2006 (Council Regulation (EEC) No 2078/92 has been repealed
and taken up in the general rural development Council Regulation (EC) No 1257/1999 of 17 May 1999
on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)
and amending and repealing certain Regulations (1)) a more detailed monitoring has been agreed with the
Member States. The Commission will produce a first synthesis report on the implementation of the rural
development plans (including agri-environment) in the second half of 2002.

For first information on the recent development of agri-environment expenditure, a table that compares
the annual expenditure of EAGGF-Guarantee and Member States of the period 1994-1999 (executed) with
that planned for the period 2000-2006, broken down by Member States is sent direct to the Honourable
Member and to Parliament’s Secretariat.

(1) OJ L 160, 26.6.1999.