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Dáil Éireann díospóireacht -
Wednesday, 20 Sep 1995

Vol. 455 No. 8

Written Answers. - Beef Intervention Fines.

Desmond J. O'Malley

Ceist:

360 Mr. O'Malley asked the Minister for Agriculture, Food and Forestry if he will confirm that on 17 March 1995 the European Commission informed Ireland that the rate of fine being imposed on Ireland for the years 1990 and 1991 was to be doubled from 5 per cent to 10 per cent in view of administrative control weaknesses; if these control weaknesses were on the part of his Department rather than on individual companies; and if they have resulted in an increase in the fine by £37.1 million. [13151/95]

Desmond J. O'Malley

Ceist:

361 Mr. O'Malley asked the Minister for Agriculture, Food and Forestry if the fine of £74.2 million proposed to be imposed on Ireland by the European Commission relates to breaches of duties, obligations and community regulations on the part of the State rather than on the part of specific traders. [13152/95]

Desmond J. O'Malley

Ceist:

362 Mr. O'Malley asked the Minister for Agriculture, Food and Forestry the current stage of the conciliation proceedings relating to the disallowances imposed on Ireland in respect of beef intervention in 1990 and 1991; and if he will make a statement outlining his views on the likely outcome of this conciliation and when it will be completed. [13153/95]

Desmond J. O'Malley

Ceist:

363 Mr. O'Malley asked the Minister for Agriculture, Food and Forestry the steps, if any, he is taking to recover in whole or in part from traders the fine that it is proposed to impose on Ireland for breach of community regulations relating to beef intervention and allied matters. [13154/95]

I propose to take Questions Nos. 360 to 363, inclusive, together. In a letter dated 17 March 1995, the Commission services wrote to my Department proposing a 10 per cent financial correction on the EAGGF expenditure for public storage to beef-meat in Ireland in the years 1990 to 1991. In an earlier letter in November 1994, the Commission services had indicated that following their inquiry into the operation of public storage for beef-meat for the years in question, conducted under Article 9 of Regulation 729/70, a 5 per cent financial correction was considered appropriate. The reasons for the adjustment of the penalty were not outlined by the Commission services. Penalty increases were proposed in the case of the other member states concerned also.

The Article 9 inquiry provides a basis for the Commission Services to check: (a) whether administrative practices are in accordance with Community rules; (b) whether the requisite supporting documents exist and tally with the transactions of the EAGGF; and (c) the conditions under which transactions financed by the EAGGF are carried out and checked. Accordingly the Article 9 inquiry examined both the administrative systems operated by the Department and the operation of a number of individual meat plants. The inquiry involved three other member states (France, Italy and UK) and financial corrections have been proposed for these countries also.

The Department does not accept the validity of the findings of the Article 9 inquiry conducted by the Commission services, on legal, administrative and technical grounds. The Department also considers that the level of disallowances proposed is wholly disproportionate to the findings of the Article 9 inquiry.

As part of the procedure for clearance of EAGGF Accounts, a conciliation body now operates to examine cases involving proposed financial corrections where there is a disagreement between the Commission and a member state. My Department referred this case to the conciliation body, in accordance with established procedures, and made a detailed written submission to the body in June. An oral hearing between the body and an Irish delegation, consisting of officials from my Department, the Department of Finance and an independent legal adviser, took place on 8 September last. Further discussions involving the conciliation body, the Commission services and the Irish authorities are envisaged. It is expected that the conciliation body will make its report sometime during the next two months. This report will be taken into account by the Commission in making its proposal for a financial correction in relation to the Article 9 inquiry, to be dealt with in the context of the clearance of accounts for 1992 which is expected later this year.
While it is not useful to speculate on the likely outcome of the conciliation process and the subsequent decision by the Commission, I believe that the Irish case against the conclusions of the Article 9 inquiry is very strong and that this should be reflected in the final outcome.
In relation to the possible recovery from traders of any fine imposed by the Commission, the Government has established a group of senior officials from the Department of Finance, the Office of the Attorney General and my Department to examine this question. On completion of its work, the group's report will be submitted to the Government.
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