WRITTEN QUESTION P-2772/02 by Giovanni Pittella (PSE) to the Commission. Public and open procedure pursuant to Law 236/93.
Date: 2002-09-25
Institutions: European Parliament, Provisional data
Subjects: Campania, EU financing arrangements, EU law, Italy, award of contract, interpretation of the law, operational programme

6.3.2003

EN

Official Journal of the European Union

C 52 E/213

Answer given by Mr Byrne on behalf of the Commission

(5 November 2002)

It is correct that intra-Community trade in manure is subject to the general provisions of the EC Treaty
relating to the free movement of products.

The transportation and use of manure may create difficulties as regards both the spreading of disease and
environmental problems.

As far as health aspects are concerned, intra-Community trade in manure is regulated by Directive 92/118/
EEC (1). According to Annex 1 Chapter 14 of this Directive, as amended by decisions 96/103/EC (2) and
2001/7/EC (3), trade in unprocessed manure of species other than poultry or equidae is prohibited, except
for manure from an area which is not subject to restrictions by virtue of a serious transmissible disease,
and manure which is intended for spreading, under the supervision of the competent authorities, on land
forming part of a single holding located on both sides of the frontier of two Member States and within a
distance of approximately 20 kilometres. Records should be kept by the owner of the holding concerning
these cross-frontier movements in order to be approved. The competent authority must keep a register of
such approved holdings

Trade in unprocessed poultry manure is subject to stringent requirements, whereas no health restrictions
apply to trade in unprocessed manure from equidae.

As regards processed manure and processed manure-based products, intra-Community trade is permitted
under certain conditions.

In view of the above, it is up to the Member States to carry out the necessary checks to ensure that the
Community provisions referred to are fully implemented.

(1) Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements
governing trade in and imports into the Community of products not subject to the said requirements laid down in
specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive
90/425/EEC, OJ L 62, 15.3.1993.

(2) 96/103/EC: Commission Decision of 25 January 1996 amending Chapter 14 of Annex I to Council Directive
92/118/EEC laying down animal health and public health requirements governing trade in and imports into the
Community of products not subject to the said requirements laid down in specific Community rules referred to in
Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (Text with EEA relevance),
OJ L 24, 31.1.1996).

(3) 2001/7/EC: Commission Decision of 19 December 2000 amending Annex I, Chapter 14 of Council Directive 92/
118/EEC laying down animal health and public health requirements governing trade in and imports into the
Community of products not subject to the said requirements laid down in specific Community rules referred to in
Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (Text with EEA relevance),
OJ L 2, 5.1.2001).

(2003/C 52 E/236)

WRITTEN QUESTION P-2772/02

by Giovanni Pittella (PSE) to the Commission

(25 September 2002)

Subject: Public and open procedure pursuant to Law 236/93

V.I.L.A srl (limited liability company) took part in two invitations to tender published in the Official
Gazette of the Italian Republic pursuant to Article 1(b) of Italian Law 236/93 (Development Fund) in
connection with a programme called Casalgian. On 19 April 2001 it signed, with the Ministry of
Employment, an agreement establishing the amount of the respective contributions from national funds,
Community cofinancing and the private sector. The Development Fund provides for and allows access to
Community funds for investment programmes proposed by promoters. The purpose of the Casalgian
programme, which covers the territory of the Salerno, Avellino and Benevento provinces, is the creation of

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6.3.2003

new employment, and consequently the provincial authorities undertook to grant access to Community
funds if the project was approved. The project had been favourably assessed by the Government, partly by
virtue of the agreement that had already been signed with other bodies, including the Region of Campania.

The Province of Salerno, as the lead Campanian province involved, adopted, even before the co-signature
of the agreement by the Ministry of Employment, a decision (No 133 of 14 March 2001) stating that the
Province of Salerno would undertake,
in accordance with the role conferred on it by the Regional
Operational Programme, to ensure that cofinancing for the completion of the Casalgian project was
provided from ROP funds.

The Region of Campania, despite having delivered a favourable assessment of the programme, despite
wishing to finance the programme by means of Community funds and despite wishing to uphold the
decisions made by the provinces of Salerno, Avellino and Benevento, says that it cannot grant access to
Community funds because V.I.L.A. srl did not participate in open public procedures administered directly
by the Region of Campania.

The Commission:

(cid:1) would it state whether V.I.L.A. srl, by participating in two invitations to tender published in the
Official Gazette of the Italian Republic pursuant to Article 1(b) of Italian Law 236/93, has complied
with the open and public procedure stipulated by the Commission as a prerequisite for access to
Community funds under the ROP?

(cid:1) would it state whether the Campania Region is obliged to grant the relevant cofinancing for the
completion of the programme from Community funds, not least in view of the role of the Province in
administering the ROP?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 October 2002)

The Honourable Member is asking the Commission to give its view on a specific case: access by the
company ‘V.I.L.A. srl’ to European funding managed by the region of Campania within the framework of
Objective 1 Italy.

In accordance with the principle of subsidiarity, the evaluation and selection of projects proposed for co-
financing from the Structural Funds, as well as their implementation, are the responsibility of the regional
and national managing authorities.

The Community Support Framework for the Italian Objective 1 regions and the Regional Operational
Programme for the region of Campania provide that access to European funding must be granted in a
transparent manner and projects selected in conformity with European legislation governing competition
and the free movement of services.

Funding is granted when the project has been approved in accordance with the aforementioned rules and
has been included on the list of successful applications on the basis of the quality of its content. Any
subsequent objections fall within the remit of the judiciary of the Member State.

It is clear from the Honourable Member’s explanations that the Campania region did not deny the
company ‘V.I.L.A. srl’ access to European funding but merely asked it to take part in a public tender.

The Commission would also like to point out to the Honourable Member that, following an inquiry by the
Italian judiciary, the Italian Ministry of Labour, by Decree No 189/99 of 21 May 1999, had suspended
some Community funding granted to the company ‘V.I.L.A. srl’. This concerned projects No 722, P.O.M.
FSE 940026I, No IC/208IY and No IC/209IN on the P.O. FSE 941001I8 and No IC/194/A on the P.O.
‘V.I.L.A. srl’ brought an action for annulment of the Decree before the Campania Regional
946001I8.
Administrative Court
the Campania TAR dismissed the action by Decree No 2145 of
25 August 1999. The Commission is following the investigation through the Italian Ministry of Labour,
which is responsible for the programmes concerned.

(TAR), but

The Commission would like to indicate to the Honourable Member that the competent managing authority
in this case is the Regione Campania, Assessorato alla formazione professionale, via S. Lucia, 81 Napoli,
Tel. 00817966303.