92000E1772

WRITTEN QUESTION P-1772/00

by Umberto Bossi (TDI) to the Commission

(29 May 2000)

Subject: Payment of compensation and collection of levies on the basis of unconfirmed data which was not notified to the Commission

On the basis of the provisions of Regulation (EEC) No 3950/92(1) the Italian Government arranged for the payment of compensation for the milk years 1997/98 and 1998/99 in respect of levels of milk production far higher than those notified to the Commission previously. The Italian authorities maintain that they will not notify the Commission of the revised figures until a number of ongoing legal disputes have been settled. It also emerges that a large number of first purchasers, obliged to declare both monthly production and the annual total, have not subscribed to and hence confirmed the changes made by the authorities to the production quantities declared originally.

Can the Commission therefore say:

- whether the calculation of the levy and the resulting revenue made on the basis of hypothetical production levels differing from those duly notified to the Commission was in accordance with the legislation currently in force;

- whether the Italian authorities behaviour was not unlawful, in that they paid out compensation on the basis of data which was not confirmed by the first purchasers themselves;

- whether it is lawful for those purchasers to deduct enormous sums from dairy farmers, although they themselves have not confirmed the data modified as a result of disputes;

- whether it is lawful for the Italian authorities to declare obviously false production levels to the Commission and, reserving the right to await the decisions of the courts before notifying the revised data, to subject the producers to punitive levies dependent on compensation based not on real data but on uncertified putative production levels;

- what administrative procedures the Commission has adopted for the definitive establishment of the production levels declared by Italy taking into account the judgements of the administrative courts and for the consequent financial regulation of the burdens on the Italian budget, including possible sanctions?

(1) OJ L 405, 31.12.1992, p. 1.

Answer given by Mr Fischler on behalf of the Commission

(27 June 2000)

Even if operation of the milk quota scheme gives rise to numerous disputes in Italy, she is still required under Community rules to take all necessary action to collect within the specified time limits the additional levy on any milk deliveries in excess of her overall quantity. In such cases the levy is due from the Member State and must be collected from producers within the set time limit and under the Member State's arrangements. Disputed cases relating to collection of the levy from producers cannot defer collection from the State. These cases fall within the competence of the Italian courts. Consequently, and without prejudice to verifications to be made as part of the accounts clearance procedure, the Italian authorities appear to be acting in line with the Community rules.

The clearance of accounts procedure for the European Agricultural Guidance and Guarantee Fund serves to determine the exact amount of levy due resulting from the checks carried out by the national authorities and the Commission. Any financial corrections can be prescribed in the course of the clearance procedure.