WRITTEN QUESTION P-0217/03 by Giacomo Santini (PPE-DE) to the Commission. Commission Fischler's proposal on Community aid to farms.
Date: 2003-01-27
Institutions: European Parliament, Provisional data
Subjects: EU aid, European Commissioner, aid system, aid to agriculture, common agricultural policy, support policy

C 161 E/196

Official Journal of the European Union

EN

10.7.2003

Even after SAC designation, the Commission will be responsible for the management of fisheries activities
under the CFP in this area, which should form part of the SAC management plan. It seems only logical
that the Commission take emergency interim measures immediately to restrict fisheries activities in order
to protect this important habitat. What action is the Commission taking now to address this immediate
problem and to stop the damage caused by deep-water trawling,
in the perspective of future SAC
designation?

Answer given by Mr Fischler on behalf of the Commission

(14 February 2003)

It would seem inappropriate for the Commission to address at the Community level, on a case by case
approach, the specific protection of some marine areas in view of their status as possible candidate areas
for future designation as Special Area of Conservation (SAC) under the Habitats Directive (1). Such an
initiative would be even more questionable if it were justified on the basis of a delay in national action due
to the time needed for technical and legal clarifications. However, this does not mean that the issue cannot
be dealt with at Community level at other stages of the process.

In the first place, given the importance of fisheries management for the future conservation of such marine
areas, a formal proposal by the United Kingdom (UK) to include the Darwin Mounds within Natura 2000
is likely to act as an important trigger to motivate further management action involving the Community in
relation to the protection of these areas from threats derived from activities such as fishing, that fall under
the Community competence.

Moreover, the Commission is ready to consider any substantiated request from the UK government, that
could justify emergency measures from the Commission on the basis of the possibilities provided for in
Article 7 of Council Regulation (EC) No 2371/2002 on the Common Fisheries Policy (2). However, such
Commission emergency measures cannot last more than six months (with the possibility for one extension
only, for no more than six months).

Finally, the Commission is looking forward, as from 2003, to receiving scientific information on a broader
European basis that would support at a later stage, proposals for the management of deep sea fisheries,
possibly using local effort controls or closed areas or proposals for limiting the impact by fishing on the
environment in accordance with Article 4 of the same Regulation.

(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 Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of

fisheries resources under the Common Fisheries Policy, OJ L 358, 31.12.2002.

(2003/C 161 E/205)

WRITTEN QUESTION P-0217/03

by Giacomo Santini (PPE-DE) to the Commission

(27 January 2003)

Subject: Commission Fischler’s proposal on Community aid to farms

The proposals presented by Commissioner Fischler provide for a single annual lump-sum payment to each
farm, based on the average Community aid paid to the farm during the previous three reference years
2000, 2001 and 2002. However, in Italy many farms, in particular in the beef sector, did not apply for aid
during those three years for various reasons (cid:1) lack of information, unattractive nature of the aid,
bureaucratic complications, impossibility of using the bovine register as it did not exist or was incomplete.
Statistically,
Italy applies for approximately 1 300 000 slaughter premiums a year, compared with
4 500 000 eligible head of cattle. Even in more organised regions, such as Lombardy, only 70 % of
livestock farms apply for aid for at most 70 % of the eligible head of cattle. Consequently, these producers
would be denied any possibility of receiving aid for the duration of the validity of the new regulation. The
regulation provides for derogations in the case of force majeure, i.e. cases in which the farms were unable
to produce in the reference years or had a reduced production for reasons beyond their control. This rule
does not appear to apply to the Italian producers concerned, given that they produced normally, were

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Official Journal of the European Union

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theoretically entitled to the aid and fulfilled all the necessary conditions but did not submit any application.
However, it is clear that the producers did not know that by forgoing aid in a particular year they would
be precluded from benefiting in the future, and indeed for ever, from the single payment provided for by
the new system which uncouples aid from production.

What does the Commission intend to do to remedy this blatant injustice and to introduce special rules for
these farms which nonetheless had an entitlement to aid?

Is there any possibility of resubmitting an application in 2003 in 2004 if the Regulation enters into force
on 1 January 2005?

Is it possible to take as a basis the acquired right which can be shown to have existed in previous years
and nonetheless establish a lump-sum amount based on factors that can be derived from the current farm
data for hectares, head of cattle and calculable production?

Answer given by Mr Fischler on behalf of the Commission

(24 February 2003)

The Commission does not share the opinion of the Honorable Member. The cases referred to in the
question are not a ‘blatant injustice’, nor do they call for ‘introducing special rules for those farms which
nonetheless had an entitlement to aid’.

Farmers are free to apply or not for aids under the Common Agricultural Policy. Those who decide not to
apply because of
the aid, bureaucratic complication,
impossibility of using the bovine register’ subsequently cannot invoke any legitimate expectations to be
entitled to a new aid whose payment is based on the fact that the farmer was granted a certain aid during
a reference period.

information, unattractive nature of

‘lack of

The Commission would like to underline that in its proposal (1), it has taken account of really exceptional
cases, such as force majeure and exceptional circumstances as well as newcomers, for which Member
States can allocate entitlements to aid from a national reserve.

(1) COM(2003) 23 final.

(2003/C 161 E/206)

WRITTEN QUESTION E-0218/03

by Stavros Xarchakos (PPE-DE) to the Commission

Subject: Community funding for local authorities in Greece

(3 February 2003)

It has been alleged in the Greek press that on 16 January 2003 the procedure was set in motion for
sequestering Mytilene town hall with a view to recovering debts contracted by the municipal authority
whose term of office expired on 31 December 2002. Unless the municipality meets its obligations, this
procedure will be completed on 3 March 2003 with the sale by auction of the town hall. This situation
has arisen owing to the failure of the previous municipal authority to expunge debts arising from the
expropriation of land in 1997 on which a final court ruling was handed down in 2000.

The same publications state that the Lesbos shipping company, NEL LINES, which the previous mayor of
Mytilene had headed from 1997 until the end of his term of office (December 2002), is having very
considerable problems in paying off debts it contracted through the purchase of rapid vessels.

Which Community initiatives or Community Support Frameworks (CSFs) have provided aid for the
municipality of Mytilene and its municipal enterprises? Exactly how much aid has been provided in which
years? Have NEL LINES received funding from Community initiatives or CSFs? If so, how much and when?
How does the Commission view the prospect of Mytilene town hall being sequestered? Is there any
precedent for such a move in any other EU Member State?