91997E0458

WRITTEN QUESTION E-0458/97 by Cristiana Muscardini (NI), Amedeo Amadeo (NI), Roberta Angelilli (NI), Spalato Belleré (NI), Marco Cellai (NI), Gianfranco Fini (NI), Sebastiano Musumeci (NI), Gastone Parigi (NI), Salvatore Tatarella (NI) and Antonio Trizza (NI) to the Commission (19 February 1997)

Subject: Infringement proceedings against Italy

Persistent rumours in Brussels have it that Italy was fined approximately LIT 50 000 billion in all up to 1995.

What infringement proceedings have been instituted against Italy since 1990? In how many cases have the proceedings already been concluded, and in how many cases are they still under way? What total amount of fines has already been imposed on Italy to date? Will the fines in question have to be paid and, if so, within what periods of time?

Answer given by Mr Santer on behalf of the Commission (1 April 1997)

From 1 January 1990 to 6 March 1997, the Commission instituted 838 infringement proceedings against Italy. Over the same period, it concluded 708 proceedings. The number of procedings still under way against Italy at 6 March 1997 stands at 410.

No fines have been imposed on Italy to date. The Commission would point out that it has no power to fine a Member State which infringes Community law. Article 171 of the EC Treaty empowers it to propose a pecuniary penalty to the Court when a Member State does not implement a judgment by the Court of Justice establishing an infringement. This procedure has been applied in five cases, two of which have concerned Italy.

In the case concerning the failure to implement the Directive 75/442/EEC on waste disposal ((OJ L 194, 25.7.1975. )) in Campania, the Commission decided to propose a fine of ECU 123 900 for each day's delay. In the case involving the failure of Italian law to implement Directive 84/466/EURATOM on the radiation protection of persons undergoing medical examination or treatment ((OJ L 265, 5.10.1984. )), the amount of the proposed fine is ECU 159 300 for each day's delay. Once the Commission's proposal has been presented to the Court of Justice, the latter will give judgment on the principle and the amount of any pecuniary penalty which it may impose.