# CE2004070EN.01009202.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/92 |
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20.3.2004

EN

Official Journal of the European Union

CE 70/92

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(2004/C 70 E/096)

WRITTEN QUESTION E-2383/03

by Christopher Huhne (ELDR) to the Commission

(18 July 2003)

Subject:   State aids assessment

Subject:

| 1. | Will the Commission expand on the reasons given in its press notice of 21 January 2003 (IP/03/89) concerning the authorisation of the United Kingdom's stamp duty exemption scheme for disadvantaged areas? |
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1.

Will the Commission expand on the reasons given in its press notice of 21 January 2003 (IP/03/89) concerning the authorisation of the United Kingdom's stamp duty exemption scheme for disadvantaged areas?

| 2. | Will the Commission make publicly available, including to this Member, the United Kingdom's comments in reply to its invitation to submit comments pursuant to Article 88(2) of the EC Treaty on Aid C 13/02 (ex N27/02) concerning stamp duty exemption for non-residential property in disadvantaged areas? |
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2.

Will the Commission make publicly available, including to this Member, the United Kingdom's comments in reply to its invitation to submit comments pursuant to Article 88(2) of the EC Treaty on Aid C 13/02 (ex N27/02) concerning stamp duty exemption for non-residential property in disadvantaged areas?

Answer given by Mr Monti on behalf of the Commission

(12 September 2003)

(12 September 2003)

| 1. | It has to be noted that the press notice only gives a summary of the decision and, in order to obtain more details, the Commission would refer the Honourable Member to the reasoning in Commission Decision 2003/433/EC of 21 January 2003 on the aid scheme ‘Stamp duty exemption for non-residential properties in disadvantaged areas’ notified by the United Kingdom (1). |
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1.

It has to be noted that the press notice only gives a summary of the decision and, in order to obtain more details, the Commission would refer the Honourable Member to the reasoning in Commission Decision 2003/433/EC of 21 January 2003 on the aid scheme ‘Stamp duty exemption for non-residential properties in disadvantaged areas’ notified by the United Kingdom (1).

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| 2. | The Commission would like to remind that in the field of the administrative procedure instituted under Article 88(2) of the EC Treaty, it is settled case-law that: ‘the Commission is not obliged to forward to interested parties the observations or information it has received from the government of the Member State. However, it should be observed that the limited nature of the rights of parties concerned does not affect the Commission's duty under Article 253 EC to provide an adequate statement of reasons for its final decision’ (2). In the light of this jurisprudence, the Commission would like to indicate that United Kingdom's comments are all gathered under heading IV of the above-mentioned Commission decision and subsequently analysed under heading VI on ‘assessment of the aid’. |
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2.

The Commission would like to remind that in the field of the administrative procedure instituted under Article 88(2) of the EC Treaty, it is settled case-law that: ‘the Commission is not obliged to forward to interested parties the observations or information it has received from the government of the Member State. However, it should be observed that the limited nature of the rights of parties concerned does not affect the Commission's duty under Article 253 EC to provide an adequate statement of reasons for its final decision’ (2). In the light of this jurisprudence, the Commission would like to indicate that United Kingdom's comments are all gathered under heading IV of the above-mentioned Commission decision and subsequently analysed under heading VI on ‘assessment of the aid’.

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(1)  OJ L 149, 17.6.2003.

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(2)  Case T-613/97, Ufex and others v Commission, [2000] ECR II-04055, paragraph 90.

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