A4-0418/98

Proposal for a Council Regulation (EC) laying down detailed rules for the application of Article 93 of the EC Treaty (COM(98)0073 - C4-0160/98 - 98/0060(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Article 1(b)(iiia) (new)

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(iiia) any aid which is considered as existing aid in accordance with Article 14a;

(Amendment 2)

Article 1(b)(iiib) (new)

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(iiib) any measure which met all the criteria laid down in Article 92(1) of the Treaty as a result of the development of the internal market or the liberalisation of an activity without having been notified by the Member State;

(Amendment 3)

Article 6(1)

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1. The decision to initiate proceedings pursuant to Article 4 (4) shall summarise the relevant issues of fact and law, shall include a preliminary assessment of the Commission as to the aid character of the proposed measure, and shall set out the doubts as to its compatibility with the common market. The decision shall call upon the Member State concerned and upon interested parties to submit comments within a prescribed period which shall normally not exceed one month. In duly justified cases, the Commission may extend the prescribed period.

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1.

The decision to initiate proceedings pursuant to Article 4 (4) shall summarise the relevant issues of fact and law, shall include a preliminary assessment of the Commission as to the aid character of the proposed measure, and shall set out the doubts as to its compatibility with the common market. The decision shall call upon the Member State concerned and upon interested parties to submit comments within a prescribed period which shall not exceed one month. In justified cases, the Commission may extend the prescribed period to two months.

(Amendment 4)

Article 6(2)

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2. The comments received shall be submitted to the Member State concerned. If an interested party so requests, its identity shall not be disclosed to the Member State concerned. The Member State concerned may reply to the comments submitted within a prescribed period which shall normally not exceed one month. In duly justified cases, the Commission may extend the prescribed period.

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2.

The comments received shall be submitted to the Member State concerned. If an interested party so requests, its identity shall not be disclosed to the Member State concerned. The Member State concerned may reply to the comments submitted within a prescribed period which shall not exceed one month. In justified cases, the Commission may extend the prescribed period to two months.

(Amendment 5)

Article 7(6)

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6. Decisions taken pursuant to paragraphs 2, 3, 4 and 5 shall be taken as soon as the doubts referred to in Article 4(4) have been removed.

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6.

Decisions taken pursuant to paragraphs 2, 3, 4 and 5 shall be taken as soon as the doubts referred to in Article 4(4) have been removed. The Commission shall take a decision within 12 months of the procedure being initiated unless a decision is required earlier in specific instances, especially in the case of rescue and restructuring aid.

(Amendment 6)

Article 11(2)

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2. The Commission may, after giving the Member State concerned the opportunity to submit its comments, adopt a decision requiring the Member State provisionally to recover any unlawful aid until the Commission has taken a decision on the compatibility of the aid with the common market ('recovery injunction¨). Recovery shall be effected in accordance with the procedure set out in Article 14(2) and (3).

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2. When it is clear that there is an urgent need for action to be taken, and a serious risk of irreparable prejudice to a competitor, and there is no doubt whatever that the measure constitutes aid, the Commission may, after giving the Member State concerned the opportunity to submit its comments, adopt a decision requiring the Member State provisionally to recover any unlawful aid until the Commission has taken a decision on the compatibility of the aid with the common market ('recovery injunction¨). Recovery shall be effected in accordance with the procedure set out in Article 14(2) and (3).

(Amendment 7)

Article 13(2)

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2. In cases of possible unlawful aid, the Commission shall not be bound by the time-limit set out in Article 4(5).

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2.

In cases of possible unlawful aid, the Commission shall not be bound by the time-limit set out in Article 4(5), but must respect the deadline laid down in Article 7.

(Amendment 8)

Article 14(2)

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2. The aid to be recovered pursuant to a recovery decision shall include interest at an appropriate rate fixed by the Commission. Interest shall be payable from the date on which the unlawful aid was at the disposal of the beneficiary until the date of its recovery.

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2.

The aid to be recovered pursuant to a recovery decision shall include interest at an official reference rate fixed by the Commission. Interest shall be payable from the date on which the unlawful aid was at the disposal of the beneficiary until the date of its recovery.

(Amendment 9)

Article 14(3)

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3. Without prejudice to any order of the Court of Justice pursuant to Article 185 of the Treaty, recovery shall be effected without delay and in accordance with the procedures under the national law of the Member State concerned, provided that they allow the immediate and effective execution of the Commission's decision. Remedies under national law shall not have suspensive effect.

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3.

Without prejudice to any order of the Court of Justice pursuant to Article 185 of the Treaty, recovery shall be effected without delay and in accordance with the procedures under the national law of the Member State concerned, provided that they allow the immediate and effective execution of the Commission's decision. The Member States shall take the requisite measures to ensure that the remedies under national law will not annul the scope and effect of the Commission Decision.

(Amendment 10)

Article 14a (new)

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Article 14a

Expiry

Unlawful aid granted ten years previous to any action by the Commission or by a Member State shall be considered as existing aid.

(Amendment 11)

Article 15

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Without prejudice to Article 22, the Commission may in cases of misuse of aid open the formal investigation procedure pursuant to Article 4(4). Articles 6, 7, 9 and 10, Article 11(1) and Article 14 shall apply mutatis mutandis.

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Without prejudice to Article 22, the Commission may in cases of misuse of aid open the formal investigation procedure pursuant to Article 4(4). Articles 6, 7, 9 and 10, Article 11(1), Article 14

and Article 14a shall apply mutatis mutandis.

(Amendment 12)

Article 21

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Article 21

Cooperation with national independent supervisory bodies

1. In cases where the Commission has serious doubts as to whether conditional decisions under Article 7(4), negative decisions either under Article 7(5) or under Article 7(5) in conjunction with Article 14(1), suspension injunctions under Article 11(1) and recovery injunctions under Article 11(2) are being complied with, it may invite the competent national independent supervisory body to provide the Commission with a report on the execution of the decision concerned.

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2. The Member State shall inform the Commission which national independent supervisory body it has designated for the purpose of this cooperation procedure. To enable the supervisory body to obtain all necessary information and to report to the Commission, the Member State shall, after consulting the Commission, take the necessary measures within one year of the entry into force of this Regulation.

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(Amendment 13)

Article 24

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Decisions taken pursuant to Chapters II, III, IV, V and VI of this Regulation shall be addressed to the Member State concerned. The Commission shall notify them to the Member State concerned without delay.

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Decisions taken pursuant to Chapters II, III, IV, V and VI of this Regulation shall be addressed to the Member State concerned. The Commission shall notify them to the Member State concerned without delay

, giving it the opportunity of telling the Commission what information it deems confidential.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation (EC) laying down detailed rules for the application of Article 93 of the EC Treaty (COM(98)0073 - C4-0160/98 - 98/0060(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0073 - 98/0060(CNS) ((OJ C 116, 16.4.1998, p. 13.)),

- having been consulted by the Council pursuant to Article 94 of the EC Treaty (C4-0160/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4-0418/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.