WRITTEN QUESTION E-2256/02

by María Sornosa Martínez (PSE) to the Commission

(24 July 2002)

Subject: Aid for solar photovoltaic and thermal energy in Spain

As part of the Plan de Fomento de Energías Renovables (Plan for the Promotion of Renewable Energy Sources), the Spanish Ministry of Science and Technology recently published two decisions laying down the rules governing the granting of support aid for solar photovoltaic and thermal energy and inviting applications for such aid (Spanish Official Journal No 74).

Point 7 of the section Eligible Projects contains a clause stating that no applications will be considered in the case of investment in installations that harness solar power for heat or electricity when this investment is a consequence of obligations laid down in laws or regulations emanating from national or European public administrations.

However, this clause might be discriminatory in cases where, for example, a local council wants to implement its own local Agenda 21 and issues an order to encourage the setting-up of solar power facilities. In this scenario, the two decisions issued by the Ministry of Science and Technology would discriminate against potential promoters of clean energy facilities, who would not be eligible for aid. It would therefore seem that there is a contradiction between something that the European Union is promoting and has approved and what is being applied in a Member State, in this case Spain.

It should be borne in mind that:

- both the decisions of the Spanish Ministry draw on the guidelines set out in the Renewable Energy White Paper;

- in its Sixth Framework Programme, the European Union firmly emphasised the promotion of alternative energies as a means of achieving sustainable development;

- the European Union currently has a solid support framework for promoting energies of this type (Altener, SAVE, the Intelligent Energy for Europe programme, etc.);

- the Member States of the European Union have shown their willingness to meet the commitments set out in the Kyoto Protocol, starting with their ratification of the Protocol en bloc.

Does the Commission not feel that the clause contained in the two Spanish decisions on solar energy is in clear conflict with the above points, which currently define European policy in the field of renewable energies?

In what way does the Commission consider that the above-mentioned exclusion clause might hinder the granting of Community aid in the context of laws or regulations emanating from European administrations?

Supplementary answergiven by Mr Monti on behalf of the Commission

(25 November 2002)

The Honourable Member asks whether the conditions set by the Spanish Ministry of Science and Technology for the granting of national state aid are an obstacle to receiving Community aid.

The Community policy on state aid for environmental protection is set out in the relevant Community guidelines(1). As emphasised in point 32 of the guidelines, investments to promote renewable sources of energy are deemed equivalent to environmental investments in the absence of mandatory Community standards and are thus encouraged by the Commission, which accepts the granting of state aid.

However, Community aid cannot be treated in the same way as state aid because it is financed by the Community budget and not by those of the Member States. Accordingly, the clauses laid down by the Spanish Ministry of Science and Technology governing national aid cannot be seen as obstacles to the receipt of Community aid. However, it should be stressed that, where a project simultaneously receives national aid and Community aid, point 74 of the Community guidelines, which concerns overlapping aid, applies.

(1) OJ C 37, 3.2.2001.