WRITTEN QUESTION E-3275/02

by Ioannis Marínos (PPE-DE) to the Commission

(19 November 2002)

Subject: Greek fuel reserves

The news bulletin Agence Europe (No 8320 of 17 October 2002) reports that the Commission has decided to ask Greece to bring its fuel reserves into line with the level laid down by Community legislation, which provides for reserves of at least 90 days.

The same report states that for 11 out of 12 months in 2001, Greek petrol reserves were below the above level, as were reserves of liquid gas and kerosene for 8 out of 12 months in the same year. It is also noteworthy that Greece has not forwarded to the Commission its annual report on its reserves for 2002.

Is the above information correct? How did Greece justify the situation of its fuel reserves in 2001? Which other countries did not fulfil their obligations in this respect? In the Commission's view, what are the prospects for its proposal for minimum reserves of 120 days instead of the current 90 and, in the event that Member States fail to comply, how can the Commission enforce it?

Answer given by Mrs de Palacio on behalf of the Commission

(20 December 2002)

The Commission did indeed decide, on 16 October 2002, to ask Greece in all due form to comply with EU legislation requiring Member States to maintain at all times stocks equivalent to at least 90 days' consumption for three categories of oil products.

The precise data available on the level of stocks in Greece are as follows. During 2000, the level of product category I stocks (petrol) in Greece was below the compulsory 90-day minimum for 10 months out of 12. As far as category II (middle distillates such as gas oil and kerosene) is concerned, the level of stocks was below the compulsory 90-day minimum for 8 months out of 12. During 2001, Greece was in breach 11 months out of 12 in respect of category I and 2 months out of 12 in respect of category II.

Greece has never provided any hard facts to justify this situation.

On 18 November 2002 it provided the Commission with the relevant data on the level of stocks for the first half of 2002. Normally, such data should be submitted on a monthly basis at the latest by the 25th day of the second month after the month to be reported. According to these data, Greece has complied with its storage obligations during this period. The Commission will continue to monitor closely the state of stocks in Greece so as to be able to verify that a structural solution has indeed been found to ensuring continuous compliance with the minimum level of 90 days per product category and that these latest data are not simply the result of cyclical fluctuations.

No Member State has experienced a situation comparable to that experienced by Greece. However, two other Member States (Belgium and Portugal) recently fell slightly below the 90-day level for one product category (middle distillates) and were informally requested by the Commission to take steps to remedy this situation. Failing swift action to redress the balance, the Commission will launch an infringement procedure against these Member States.

So far, neither the Council nor Parliament have embarked on discussions of these proposals.

In the event of failure by the Member States to comply with EU legislation on minimum stocks, the Commission may launch the infringement procedure provided for under Article 226 of the EC Treaty. (In this particular instance involving Greece, the abovementioned request took the form of a reasoned opinion, i.e. the second stage in the infringement procedure provided for under Article 226.) Where a reasoned opinion fails to evoke a satisfactory response together with action by the Member State concerned, the Commission may refer the matter to the Court of Justice.