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CAP transparency scheme 'failing', says NGO

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Published 11 May 2009, updated 12 May 2009

Highly-fragmented information provided by governments on recipients of EU agricultural funding actively defies the principles of open government and transparency, found new research carried out by an NGO last week.

Most information related to beneficiaries of EU funding under the bloc's Common Agricultural Policy (CAP) is characterised by "poor usability, failure to comply with the requirements of the regulations and, in a few cases, active defiance of the principles of open government and transparency," heard a 7 May press conference hosted by transparency website farmsubsidy.org

In March 2008, the European Commission adopted a regulation requiring member states to make public lists of all recipients of EU agricultural subsidies, together with full details of amounts received, by 30 April 2009 (EurActiv 20/03/08). 

"In theory, these new rules on transparency should give citizens an excellent new tool to see how their tax money is spent," said the NGO's researchers, but they found that only eight member states were fully complying with the regulations. 

Last month, the Commission threatened Germany with infringement proceedings should it fail to publish its list of beneficiaries (EurActiv 24/04/09). Citing data protection concerns, German Agriculture Minister Ilse Aigner had recommended "temporarily suspending" publication of the information. 

Countries 'clearly breaching' law 

The researchers also found discrepancies in the type of information provided by the other member states, identifying ten countries as "clearly in breach of the regulations" and a further eight as "likely to be in breach". 

The Commission requires publication of the names of recipient companies, their municipalities and the amounts received, but some are not fulfilling all the requirements. 

For example, Poland only provided the names of individual applicants rather than the companies they represent. "That is a crazy way to do it," said researcher Nils Mulvad, as it disguises the identities of the companies or "other legal entities that are really making the application, "making it impossible to compile datasets for large recipients, like one country filing applications for several departments signed by several staff members". 

'Member states to blame', says Commission 

Responding to the NGOs' findings, Kristian Schmidt, deputy head of cabinet for Administration and Anti-Fraud Commissioner Siim Kallas, place the blame squarely at the feet of governments. 

"The Commission has published all the data on what it manages itself under the Financial Transparency System: the rest is up to member states," said Schmidt. 

The EU official admitted that language difficulties often present an obstacle to meaningful data collation. "The diversity of languages makes it difficult to compile pan-European data. We would of course prefer everything to be in English," he said. 

"It is hard to make comparisons between different countries, which is why transparency NGOs like farmsubsidy.org exist," Schmidt added. "But it's not the case that NGOs are now revealing 'secret' information. It's something that the member states agreed to do, but they're not entirely complying," he explained. 

'Consistent formats' required 

To remedy the situation, farmsubsidy.org called on the Commission to "recommend consistent formats for budget data across all areas of the EU budget" to give member states guidelines. 

"Only in this way will it be possible for truly comparable data on EU policies across member states to be provided throughout the Union," it concluded. 

Echoing this view, Jana Mittermaier, who heads Transparency International's EU office, said "80% of EU funds are spent under shared mechanisms with member states, and governments are responsible for reporting such cases". 

Mittermaier rejected Schmidt's claim that comparative analysis is difficult to conduct. "The system is fragmented and decentralised, but surely there must be the capacity to compile comparative data? What farmsubsidy.org is doing should be done by the Commission. I don't fully buy the argument that it should be left to member states." 

Analysis of the 17 countries included in the study showed that just over 700 companies received over a million euros in CAP subsidies in 2008, absorbing 9% of total EU agriculture funding. 

Schmidt said the EU executive would now "analyse all the data and work out how to go forward". "Of course, we first have to identify non-compliance, but then we will highlight best practice. We want to focus on success stories, not secret payments," he explained. 

Schmidt said the EU executive would publish a White Paper ahead of the publication of a White Paper to review the EU budget "before the end of the year". 

Positions: 

"The aim of farmsubsidy.org is to trawl through the figures and get good, hard, data that we can use for analysis in our stories," said investigative journalist Brigitte Alfter, the website's co-founder. 

"The Commission needs to provide data that we can analyse, not just access. Companies work across borders, so we must be able to make country-to-country comparisons. The access to documents regulation was important because it changed the mindset, but data must be made available in formats that are comparable," Alfter added. 

Hailing the research as "a real milestone in CAP transparency," Jack Thurston, co-founder of farmsubsidy.org and a fellow of the German Marshall Fund of the United States, said "we have become the benchmark for budget-monitoring websites". 

"We take no view on what the CAP should be, or what its future should be," Thurston stressed, saying: "We just want it to be transparent." 

"The public has a right to know how public funds are used. But our initial proposal to be even more transparent was met with scepticism and opposition from governments. Member states opposed most of [Administration and Anti-Fraud Commissioner Siim] Kallas's proposals," said Kristian Schmidt, deputy head of Mr Kallas's cabinet at the EU executive

Nevertheless, the Commission believes progress has been made. "We think member states have made a huge effort to provide the requested information, and Kallas thinks we have made a step forward for transparency," Schmidt said. 

Welcoming the study, Jana Mittermaier, who heads Transparency International's EU office, said such work is important because "it brings out information which simply isn't there yet". "EU citizens have the right to know where their taxes go, and civil society will tell them if the member states won't," she added. 

"The public perception is that EU funding just disappears, which is a reputation risk for the EU. Proper publication of data would improve the Union's image among citizens. Often there's nothing wrong: it's just that data is not reported properly," Mittermaier said. 

Rejecting Mittermaier's assessment, Pekka Pesonen, secretary-general of Copa-Cogeca, which represents European farmers and agri-cooperatives, said he had found it "very easy" to get global figures from the Commisssion agriculture deparement's website. 

"All these payments are fully legal and have been declared. As a farm lobby, we have nothing against initiatives like [farmsubsidy.org], because we are behaving perfectly legally. But [the website's] figures do not take every kind of expenditure into account," Pesonen said. 

But Ariel Brunner of BirdLife International disagreed. "It may be true that all the payments are perfectly legal. But that doesn’t mean that they’re not wrong. Democracy works because citizens can make politicians accountable for their mistakes," he said. 

"As an NGO, I want to know how much of my money has been used to cause the extinction of a species," he added. 

Markus Knigge of the Pew Environment Group said "it's a shame that NGOs have to [publish such information]. As a citizen, I think it should be the obligation of governments". 

"As a journalist, you need concrete stories. It's not fun to write about figures. We need complete data to uncover misuses of funding," said farmsubsidy.org's Nils Mulvad, an investigative journalist himself. "The media is trying to survive by re-writing stories, but eventually you’ll die this way. You need proper data to write original stories," he said. 

Next steps: 
  • By end 2009: Commission to publish White Paper reviewing the EU budget. 
Background: 

The European Commission's decision to ask member states to publish EU farm subsidy data, originally announced in October 2006 (EurActiv 11/10/06) as part of a revision of EU financial regulations, was designed to put an end to the traditional secrecy surrounding handouts from the EU's largest fund, the Common Agricultural Policy, and allow the general public to monitor how the €55 billion – 43% of the EU budget - is spent. 

Member states were asked to set up individual websites to make the information available, while the EU executive set up its own portal with links to the national sites. 

Meanwhile in October, the Commission launched a website making details of beneficiaries of all types of EU funding available for the first time (EurActiv 03/10/08). 

The 'Financial Transparency System' search engine - part of the wider transparency initiative launched by Administration and Anti-Fraud Commissioner Siim Kallas in 2005 (see EurActiv LinksDossier) - gives "free access to details of who receives EU funds managed directly by the Commission" and the executive agencies it sets up to manage EU programmes. 

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