WRITTEN QUESTION P-0849/04 by Joan Vallvé (ELDR) to the Commission. Late payment in commercial operations.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, commercial contract, contract, payment

C 84 E/452

Official Journal of the European Union

EN

3.4.2004

The European Commission and the Council of Agriculture Ministers are currently drawing up a new law.

How will the position of hobby farmers be regulated in the new law: is there to be a separate status for pet
farm animals (with the possibility of preventive vaccination), or will the possibility remain that pet farm
animals will still have to be culled?

(1) OJ C 268 E, 7.11.2003, p. 196.

Answer given by Mr Byrne on behalf of the Commission

(1 April 2004)

The Commission is in the process of assessing the outbreaks of avian influenza in the European Union
during 2003 and the present outbreaks in Asia and North America. The lessons learned from these events
and the opinions delivered by scientists will be the basis for drafting a proposal for a revised legislation on
avian influenza, which the Commission intends to submit to the Parliament and the Council in 2004. In
this framework the issue of vaccination of both commercial and hobby birds will be considered taking into
account all relevant epidemiological, socio-economic and animal welfare implications. It is clear, however,
that the Commission will have to consider also the evolution at international level in this field and in
particular the standards of the OIE (Office International des Epizooties).

(2004/C 84 E/0527)

WRITTEN QUESTION P-0849/04

by Joan Vallvé (ELDR) to the Commission

(11 March 2004)

Subject: Late payment in commercial operations

8 August 2000 saw the publication in the Official Journal of the European Communities of Directive
2000/35/EC (1) of the European Parliament and of the Council of 29 June 2000 on combating late
payment in commercial transactions.

Article 6 of this directive lays down a deadline of two years from its publication for adoption by the
Member States of the laws, regulations and administrative provisions necessary to comply with the
directive. This deadline expired on 8 August 2002.

The directive makes it clear that late payment represent a failure to fulfil a contract, to the financial benefit
of debtors. In addition, the existence of late payment on a larger scale in some Member States than others
creates a distortion of free competition in the internal market.

In early July 2003 the Spanish government presented a draft law instituting measures against delayed
payment in commercial transactions. However, the draft text, which appeared in report form in the
Official Bulletin of the Spanish Parliament on 3 December 2003, has yet to be adopted.

Can the Commission ask the Spanish government
implements the directive as a matter of urgency?

to account

for this delay and insist

that Spain

(1) OJ L 200, 8.8.2000, p. 35.

Answer given by Mr Liikanen on behalf of the Commission

(31 March 2004)

The Commission is conscious of the negative effects of
late payments and accordingly is pursuing
infringement proceedings against the relevant Member States (i.e. Spain and Luxembourg), as fast as
possible. Infringement proceedings against Spain began on 30 September 2002, and the second stage was
opened on 6 February 2003, when the Commission sent to the Spanish Government a Reasoned Opinion

3.4.2004

EN

Official Journal of the European Union

C 84 E/453

transposition.
giving a time limit of
On 9 September 2003 the Commission initiated proceedings against Spain before the Court of Justice
(case C-384/03). There is no ruling yet, but it is expected in 6 to 12 months.

two months for adopting all necessary national measures of

Unfortunately infringement proceedings tend to take a long time to reach a decision. The Commission
hopes that Spain will now fulfil its responsibility under the Directive as quickly as possible, in order to
avoid further proceedings before the Court of Justice.

(2004/C 84 E/0528)

WRITTEN QUESTION E-0865/04

by Miet Smet (PPE-DE) to the Commission

(22 March 2004)

Subject: European subsidies paid to the Flemish community

Can the Commission answer the following:

1. What percentage of all EU subsidies were received each year by the Flemish community in Belgium

from 1999 to 2003?

2. How much did the Flemish community receive (in euro) over the same period for:

(cid:1) agriculture;

(cid:1) structural funds, by objective and by Community initiative?

3. What amounts (in euro) did the European Union pay to the Flemish community over the same period

for:

(cid:1) research and technological development (framework programmes);

(cid:1) trans-European networks;

(cid:1) education, youth;

(cid:1) others?

4. What were the annual amounts over the period 1999 to 2003 of the subsidies paid:

(cid:1) through official (public) bodies (Flemish community, provinces and so on);

(cid:1) private operators (non-profit-making organisations, universities or colleges of higher education)?

5. What frauds or irregularities in the subsidies were reported and have any recoveries of subsidies been

made in the above areas?

Answer given by Mr Fischler on behalf of the Commission

(20 April 2004)

The Commission is collecting the information it needs to answer the question. It will communicate its
findings as soon as possible.