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Germany warned over CAP transparency failings

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Published 17 June 2009

The European Commission yesterday (16 June) threatened Germany with infringement proceedings for failing to disclose details of all recipients of EU farm subsidies. EurActiv Germany contributed to this report.

Germany yesterday published a list of most recipients of the 5.4 billion euros of EU farm subsidies it receives as required under European law, becoming the last EU country to do so. 

But the state of Bavaria is still refusing to comply with the requirements pending a European Court of Justice ruling on the legality of doing so, with German critics claiming the publication of names and amounts violates privacy laws. 

Expressing "extreme disappointment" with Bavaria's "incomprehensible" decision not to publish, EU Agriculture and Rural Development Commissioner Mariann Fischer Boel said the European Commission had "no choice but to start an infringement procedure against Germany". 

An EU regulation adopted last March – and supported by Germany - requires all member states to make publicly available, by the end of April each year, websites that allow people to search for CAP beneficiaries by name, municipality or amount received (see 'Background'). 

Berlin had originally failed to publish the list by a 30 April deadline, citing data protection concerns, leading the EU executive to threaten Germany with infringement proceedings (EurActiv 24/04/09). 

Indeed, German Agriculture Ilse Aigner was reluctant to sanction yesterday's publication of the information. Farmers "will not be amused" at seeing their names and income made public, Aigner is quoted by Deutsche Welle as saying. 

"In the villages, everyone will immediately know who is receiving how much in subsidies. That is why I insisted on making transparent for what purposes the money is being granted," she said. 

Asked by EurActiv Germany when he expected the legal proceedings to begin, Michael Mann, spokesperson for Commissioner Fischer Boel, said "it could be as early as next week". 

Mann warned that it could take "months" for the case to be resolved. 

Positions: 

"The legal situation is clear. Germany is obliged to publish the details of beneficiaries of the Common Agricultural Policy for the whole country. Every other member state has done so," said EU Agriculture and Rural Development Commissioner Mariann Fischer Boel

"This is taxpayers' money, so it is very important that people know where it is being spent. Transparency should also improve the management of these funds, by reinforcing public control of how the money is used. Only in this way can we guarantee an informed debate about the future of the CAP," Fischer Boel continued. 

"It is significant that Germany was the last country to publish the figures," Bernd Voß, a board member at  ABL , which supports sustainable farming, told EurActiv Germany. "It shows how strong the food and agriculture lobby is. They don’t want people to know how much they receive while hardly creating any jobs." 

"We demand that subsidies be linked to employment," Voß added. 

"Direct EU subsides must change," Tobias Reichert of Germanwatch, another NGO, told EurActiv Germany. "Instead of being based on farmed acreage alone, they should be calculated according to environmental and social criteria too. The publication of the data proves that this is not the case at the moment." 

Reichert also called for export subsidies to be abolished because they are damaging for developing countries. 

"I would have preferred a solution in which the names of major recipients only are disclosed," German Data Protection Commissioner Peter Schaar is quoted by Deutsche Welle as saying. 

Next steps: 
  • June 2009: Commission expected to open infringement proceedings against Germany. 
Background: 

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). 

The move, originally announced in October 2006 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. 

Transparency NGOs last month criticised the scheme, arguing that highly-fragmented information provided by governments on recipients of EU agricultural funding actively defies the principles of open government and transparency (EurActiv 11/05/09). 

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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