I am pleased to meet the committee today to discuss this matter. I will make a short presentation and we will then answer any questions.
The proposal under scrutiny provides for EU co-funding for exceptional market support measures introduced as a result of animal disease related market restrictions. It relates to extraordinary market measures only and does not, in general, affect disease eradication programmes established by member states and approved by the EU Commission under veterinary rules. Also, the standard core support arrangements, such as intervention, are not affected by this proposal.
The proposal is a reaction to a judgment of the European Court of Justice in a case taken by the German Federal Government in 2001. To understand the proposal, it is essential to understand the Court judgment.
In this case, the German authorities challenged the legal basis upon which the special purchase scheme, introduced across the EU in 2001, was co-funded by the EU. This scheme was introduced against the background of a crisis in EU beef markets resulting from the discovery of BSE in late 2000 in a number of countries that had been thought to be free of the disease. It involved taking the carcases of bovines over 30 months of age off the market and either destroying them or releasing them on to the market at a later date. It ran from 31 June 2001 to 31 March 2002.
The German authorities called for the annulment of Article 5(5) of Council Regulation 690/2001, which established the scheme. This article required member states to finance 30% of the cost of beef purchased under the scheme. As the legal basis for this measure was the regulation on the common organisation of the market in beef and veal, the Germans considered it had to be fully financed by the Commission in the same way as the more classical market support measures. In a judgment dated 30 September 2003, the European Court of Justice found in favour of the German authorities.
The legal basis for special purchase scheme funding, successfully challenged by the German authorities, was Article 38 of Council Regulation 1254/99, which deals with market measures related to beef and veal. This is a broadly drawn provision, allowing the Commission to take market measures where a substantial rise or fall is recorded in beef prices on the Community market, and is likely to continue, thereby threatening to disturb the market. It is important to note that the proposal currently under discussion does notaffect measures adopted under this provision. It would appear that following the judgment of the European Court, measures taken under this provision will have to be fully funded by the Commission. However, the current proposal seeks to prevent an extension of the precedent established in relation to Article 38 of Regulation 1254/99 with regard to beef, into other beef-related measures adopted under Article 39 of that regulation and equivalent provisions in other regulations covering commodities other than beef.
Article 39 of Regulation 1254/99 is more narrowly drawn than Article 38, and provides that:
In order to take account of the restrictions on free circulation which may result from the application of measures combating the spread of diseases in animals, exceptional measures of support for the market affected by those restriction may be taken.
Measures of this nature can only be taken for as long as is strictly necessary to support the affected market. The proposal, in addition, requires member states to have taken the necessary veterinary measures to stamp out the disease.
The draft regulation adds a specific provision into Article 39 of Regulation 1254/99 requiring 50-50 co-financing, and also adds similar provisions into five other regulations dealing with pigmeat, eggs, poultry meat, milk and milk products and sheepmeat and goat meat.
At EU level, this proposal has been discussed at working party level on 7 December 2004 and at the Special Committee for Agriculture, a higher level group of officials, on 29 November and 13 December, 2004. The primary focus at these meetings has been on the possibility that these measures, and the consequent co-funding requirement, could be imposed on member states against their will, and on the co-funding rate. Regarding the former point, the Commission has confirmed at working group discussions that the amendments proposed will not impose on member states an obligation to co-finance measures on which they have not taken the initiative. Ireland and other member states have also raised a number of detailed technical points on the wording of the proposal. On the question of co-funding, it appears more likely than not that there will be broad acceptance in principle of co-funding, and that future discussions will focus on the precise rate.
The European Parliament has been consulted on this proposal, its role is consultative and its opinion is not binding on the Council. On 29 April 2005 the Parliament's Agriculture Committee produced a report recommending that:
. . . the Commission's proposal in its current form must be rejected and the Commission must be called upon instead to examine alternative financing systems such as the accumulation of a risk fund, insurance regulations, etc. before submitting a new proposal . . .
Among the issues raised by the committee were that the proposal is tantamount to opening the way to the re-nationalisation of the CAP; could result in member states refusing to co-operate with national co-financing; is unclear as to the extent to which the national contribution will be paid from the public purse, from the agriculture sector or via para-fiscal levies; and may not be legally sustainable under the current CAP.
It also called for more effort to be put into disease prevention measures and pointed out that this could be achieved through improved operation of the Animo system and by halting all unnecessary transport of animals from one farm to another, and by reducing maximum stocking density.
The European Parliament has adopted the report of its Agriculture Committee. However, the Commission has indicated that it does not intend to withdraw its proposal. The matter will now be referred back to the European Parliament's Agriculture Committee, which, I am advised by the Commission, is likely to consider the matter again in July or September.
Ireland has in the past benefited from EU co-funding of this type of exceptional market measure, but has not been the principal beneficiary. It is not possible to predict future costs with certainty, because they depend on the impact of future disease outbreaks and the exceptional market measure taken as a result. Between 1996 and 2004, Ireland received €95.8 million for compensation paid to farmers under our BSE depopulation programme, co-financed at a rate of 70%.
From 1 January 2005, funding for this measure has been moved to the Veterinary Fund (Council Decision 90/424), where it will be co-funded at a rate of 50%. It will no longer be funded as an exceptional market measure, though it will continue to be co-funded under the Veterinary Fund as part of a disease eradication programme. It will therefore not be affected by the proposal under scrutiny today.
By way of comparison, in the same period, the UK received co-funding of more than €2.25 billion for its BSE related measures. Since 1990, Belgium, Germany, Spain and the Netherlands have between them received more than €835 million for exceptional market measures required because of classical swine fever.
Historically therefore, Ireland has not been the principal beneficiary of the exceptional measures covered by the proposal under scrutiny today. In the future such measures may be required in Ireland, or in any one of the other 24 members of the Union. Ireland could therefore be a net recipient or a net contributor as a result of such measures. From a financial perspective therefore it would be appropriate for us to adopt a cautious attitude. Provided we are satisfied on matters of principle, we could, at this point, accept the continuation of co-funding for these measures and would generally favour the minimum change from the existing rates of funding.
With regard to the issue of principle on any proposal to re-nationalise the Common Agricultural Policy, the Irish position is crystal clear. We would be opposed to any proposal to co-fund the core CAP market support and direct payment measures. In this context, we would note that the measures covered by this proposal are quite different in nature, being exceptional once-off measures in individual member states, and that co-funding has been the norm for such measures for several years. We would reject any suggestion that this forms any kind of precedent for the core CAP measures that are fully funded by the EU. We note that the Commission has confirmed this view and that Commissioner Fischer Boel has been forthright in rejecting the idea of co-funding the CAP.
On the general question of disease control, it is essential that the Community continues to play the lead role in defining and financing such measures, because they are necessary for the smooth operation of a single market in animals and animal products. In this context it is essential that sufficient emphasis be placed on preventative measures. The Animo system has been replaced by a system called Traces to improve information on animals and products in intra community trade.
The timetable for further progress on this proposal is somewhat unclear at this stage.
The matter will now revert to the agriculture committee of the Parliament and when it issues a new report, it will probably go to the special committee on agriculture for consideration. On the basis of the consideration of this proposal to date, further discussion is likely to centre on the co-financing rate, although it remains to be seen what influence events in the European Parliament will have on the shape of the discussion in that forum and in the Council. This is where the Department's consideration of this proposal currently stands and I will be happy to attempt to answer any questions from the joint committee.