Damage caused to agricultural holdings by wildlife

7.10.2015

Question for written answer E-013563-15
to the Commission
Rule 130
Tiziana Beghin (EFDD) , Ignazio Corrao (EFDD)

By resolution of July 2015, the Piedmont Region, interpreting the Commission document 2014/C204/01 on EU guidelines for state aid in the agricultural and forestry sectors, granted funding to make good the damage caused by game animals under the ‘de minimis’ system, setting a ceiling of EUR 15 000 over a period of three years for state funding to each agricultural holding.

In Italy, however, the legal system relating to wildlife is different from that of other European countries. Where, in other jurisdictions, wildlife is considered to be the property of an owner of an estate, in Italy it is defined the ‘inalienable property of the state’. This implies that the state, as repeatedly stressed also by the Court of Cassation, is responsible for damage caused by wildlife in the same way that it is responsible for damage caused by anything else over which it has the right of ownership.

Any funding provided to offset this damage should thus be considered compensation and not a contribution.

In the light of the above and of Italian case-law, can the Commission:

• 1.provide further guidance as to the interpretation of the EU guidelines regarding damage caused by wild animals, with reference to Document 2014/C204/01;
• 2.specify whether damage caused by wildlife should be regarded as being outside the scope of state aid?