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Italy: The Tar dismisses a €320 million tender

In the past few days, La Repubblica newspaper talked about the decision of the TAR-Tribunale amministrativo regionale to dismiss a 2012 tender for the allocation of €320 million of EU funds to support organic crops in Sicily.

The reason behind the dismissal is the unclear criteria of the tender, according to which the funds would have been allocated to various types of organic production with no differentiation whatsoever. The Sicily Region did not appeal on time and therefore, in December 2015, the judges decided that the ranking should be considered void.

As stressed by La Repubblica, the problem is that, in the meantime, those companies that were already part of the ranking (around 8,000) had already received €180 million between 2013 and 2015, which might have to be returned, thus creating enormous gaps in the finances of both the companies and the Region. Not to talk about the litigations initiated by those companies (around 1,000) that were excluded from the ranking and that had appealed to the Tar.

In March 2015, the Tar had approved their appeal but, at the same time, raised some doubts as regards the assignation criteria and stressed how the administration did not clarify the situation. While the Department for Agriculture tried to fix the problem, an order was issued stating that "as the ruling annulled the tender, all the following resolutions of the administration are illegitimate and the court rejects the appeals."

Confagricoltura Sicilia commented on the situation by saying that "the best part of the PSR-Piano di Sviluppo Rurale 2007/2013, i.e. the measure supporting organic agriculture, is at risk and thousands of agricultural companies with it, as they may have to return the funds that have already been invested." 
 
"We have only just found out about the Tar's ruling and the fact that the Region did not appeal. Everything producers have been doing to promote the organic sector in the region could have been for nothing."

"It's incredible. It is bad news for a sector that needs a stable background to program all investments. I believe agricultural organisations must be informed promptly on how the problem will be solved," comments the president of Confagricoltura Sicilia Ettore Pottino. 

"We are already thinking about how to protect our partners and we believe the Regional parliament must be involved before defining a new financial action," concludes Pottino.

Author: Rossella Gigli
Copyright: www.freshplaza.it
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