# CE2004078EN.01031601.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/316 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/316

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(2004/C 78 E/0317)

WRITTEN QUESTION E-3764/03

by Alexander de Roo (Verts/ALE) to the Commission

(11 December 2003)

Subject:   Spanish Hydrological Plan: cost of water transferred, and the recovery of funding

Subject:

The Commission is aware the Spanish Government is devoting a significant part of the Community funding it receives to co-funding water regulation schemes. Spanish legislation demands that those benefiting from publicly funded water schemes meet a set of regulations designed to compensate for the costs of public investment (Article 114 of Royal Legislative Decree of 20 July 2001, No 1/2001, adopting the revised text of the Law on Water, Spanish Official Journal 24.7.2002). Recently, the chairman of the Júcar Hydrographical Confederation, José María González Ortea, said that those using the new water infrastructure should not be responsible for bringing back the European funding allocated to water schemes of Community interest (Provincias, 13.11.2003).

Having regard to Community law, and particularly the obligation to maintain transparency in managing and applying European funds (recitals 26 and 57, and Articles 17 to 19, 34, 36 and 46 of Regulation 1260/1991 (1)), the ban on distorting competition within the internal market by means of state aids (Article 87 of the EC Treaty), the protection of the Community's financial interests (Article 280 of the EC Treaty), and the obligation to take account of the principle of recovering costs of water-related services (Article 9 of Directive 2000/60/EC (2)), does the Commission believe that the Spanish Government should provide clear and specific precise information on the following points when requesting Community funding for a water regulation project:

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| — | who are to be the beneficiaries and destinees of the regulated water? |
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who are to be the beneficiaries and destinees of the regulated water?

| — | how are these beneficiaries going to contribute to recovering the costs of public investment? |
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how are these beneficiaries going to contribute to recovering the costs of public investment?

| — | is different treatment to be given to recovering public funds contributed by the state and those contributed by the Community? |
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is different treatment to be given to recovering public funds contributed by the state and those contributed by the Community?

| — | is it going to exonerate the beneficiaries in some way from contributing to the recovery of Community funding? |
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is it going to exonerate the beneficiaries in some way from contributing to the recovery of Community funding?

Specifically, with regard to the Júcar-Vinalopó water transfer scheme, does the Commission believe that it has been provided with sufficient information for it to determine who are the beneficiaries of the work concerned, whether they will be able to contribute to the recovery of the costs, and whether all beneficiaries, or a group of beneficiaries, are going to be exonerated from contributing to this recovery of costs?

Has the Spanish Government informed the Commission of its intention of exonerating, in any way, all or some of the beneficiaries from contributing to the recovery of costs?

Answer given by Mr Barnier on behalf of the Commission

(3 February 2004)

(3 February 2004)

The Commission is collecting the information it needs to answer the question. It will communicate its findings as soon as possible.

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(1)  OJ L 161, 26.6.1999, p. 1.

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(2)  OJ L 327, 22.12.2000, p. 1.

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