WRITTEN QUESTION E-0292/01

by Luis Berenguer Fuster (PSE) to the Commission

(9 February 2001)

Subject: State aid to the Terra Mítica theme park in Benidorm (Alicante): guarantees granted by the Valencian government

In its reply of November 1999 to Written Question E-2004/99(1) on a complaint regarding the alleged granting of state aid to the Terra Mítica park, the Commission stated that it had not yet come to the conclusion that aid within the meaning of Article 87(1) had been granted to the company concerned by the Valencian government and the municipality of Benidorm.

Although the complaint was filed back in 1997, no investigation into this case has been opened and the complaint has yet to be dismissed, presumably because new facts have come to light and are now being looked into by the Commission. The only fact to have been made public in Valencia concerns the indirect granting of guarantees

by the Valencian government, which has renounced the benefit of discussion, a development that could well have repercussions, particularly in the light of the criteria set out by Commissioner Monti to the European Parliament on the granting of guarantees. Terra Mítica stands to benefit from such guarantees granted to a public company which subsequently takes out a loan.

Does the Commission take the view that the granting of guarantees to a public company such as those from which Terra Mítica stands to benefit might amount to state aid?

What new facts have emerged since November 1999 to prevent the complaint from being dismissed?

Bearing in mind the case-law of the Court of Justice and the amount of time that has elapsed, should the complaint not be dismissed or an investigation into this case formally opened, in which event those concerned could present their arguments?

Does the Commission not take the view that the uncertainty surrounding this case could harm the company's viability?

(1) OJ C 203, 18.7.2000, p. 111.

Answer given by Mr Monti on behalf of the Commission

(19 March 2001)

According to the Spanish authorities, which were questioned specifically on this point in the course of the investigation following the complainant's allegations, no guarantee benefiting Terra Mitica has been granted by the Generalitat Valenciana.

On 23 March 2000 the Director of the State Aid I Directorate of the Commission's Directorate-General for Competition informed the complainant that at this stage in the procedure he was not in a position to conclude that state aid had been granted benefiting Terra Mitica. He invited the complainant to make new allegations to him, failing which the case would be closed. The complainant duly did so by letters dated 18 April, 4 May and 25 May 2000. These new allegations are still being examined by the Commission.

In view of the above, the Commission does not rule out initiating the procedure provided for in Article 88(2) (formerly Article 93) of the EC Treaty with respect to some of the complainant's allegations. This would allow the parties concerned to submit their comments.

The Commission does not consider that the investigation into this case could have affected the viability of the enterprise. Moreover, it notes that the park was opened at the end of July 2000 and is functioning normally.