WRITTEN QUESTION No. 1659/96 by Thomas MEGAHY to the Commission. Formulation and use of Commission sectorial guidelines in the transport sector
Date: 1996-06-24
Institutions: European Parliament, MEGAHY
Subjects: EEC Treaty, State aid, application of EU law, civil aviation, common transport policy













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91996E1659

WRITTEN QUESTION No. 1659/96 by Thomas MEGAHY to the Commission. Formulation and use of Commission sectorial guidelines in the transport sector  


Official Journal C 345 , 15/11/1996 P. 0093 





WRITTEN QUESTION E-1659/96 by Thomas Megahy (PSE) to the Commission (24 June 1996)Subject: Formulation and use of Commission sectorial guidelines in the transport sectorIt would appear that the framers of the Treaty of Rome intended these sectoral guidelines to be drawn up under Article 94, which, since Maastricht, would enable Parliament to be involved in their formulation and give some democratic input into the process. It could be argued that, by basing its powers on Article 93, the Commission has excluded democratic accountability.The guidelines for the civil aviation sector lay down no stated legal basis for the guidelines, no period of validity and no stated date for review.Can the Commission indicate how far these guidelines are 'political' statements of policy and how far they create legal effects? To what degree do the guidelines themselves impose new obligations on the Member States or other affected parties?With respect to the civil aviation sector, could the Commission state which new legal obligation the guideline imposes? It would seem to be a statement of position by the Commission that air transport is covered by the same rules as other sectors. If this is so, it contracts sharply with the motor vehicle industry framework which has been the subject of a legal challenge.Answer given by Mr Kinnock on behalf of the Commission (1 August 1996)The document published in the Official journal ((OJ C 350, 10.12.1994. )) is a general statement of the approach that the Commission intends to adopt when examining a state aid case in the air transport sector. It aims at making the Commission's policy more transparent, at making its decisions more foreseeable and at ensuring an equal treatment between Member States. It does not, in itself, give rise to legal consequences since the Commission decides each individual case on the basis of the relevant provisions of the EC Treaty and applicable Community legislation. Neither does it in itself impose new legal obligations on Member States or other parties.Articles 92 and 93 of the EC Treaty apply to all economic sectors, including transport and air transport. It is up to the Commission to apply these provisions taking into account the characteristics of particular sectors. In the air transport sector, one of the main factors used by the Commission to define its policy is the liberalisation process which will be fully implemented by April 1997.The 1994 document in question does not define new rules. It only confirms and clarifies the position of the Commission vis-à-vis aids in the air transport sector in conformity with the provisions of the EC Treaty.In the automobile sector, the guidelines impose on Member States an obligation to notify significant cases in respect of schemes which have already been approved by the Commission. That is the reason why, unlike the guidelines in the air transport sector, those guidelines were proposed to the Member States as appropriate measures in the context of Article 93.1 EC Treaty. The explicit agreement of all Member States was consequently requested and obtained.