(2004/C 65 E/166)

WRITTEN QUESTION E-2430/03

by Niels Busk (ELDR) to the Commission

(22 July 2003)

Subject:   State aid to Italian farmers

Will the Commission challenge the Council's decision to approve Italian State aid to Italian milk producers in the Court of Justice?

If not, what are the ‘exceptional circumstances’ justifying the decision (see Article 88(2), third paragraph of the Treaty)?

If the same ‘exceptional circumstances’ exist in other Member States or new Member States, will the Commission approve corresponding State aid in those cases?

Answer given by Mr Fischler on behalf of the Commission

(12 September 2003)

The Commission does not intend to challenge the Council decision.

As to the exceptional circumstances recognised by the Council, the Commission would refer to the text of the Council Decision 2003/530/EC (1).

The Commission considers that the Council decision in question can not be invoked as a precedent for eventual future implementation problems of the milk quota levy in Italy or in other Member States.

(1)  2003/530/EC: Council Decision of 16 July 2003 on the compatibility with the Common market of an aid that the Italian Republic intends to grant to its milk producers, OJ L 184, 23.7.2003.