WRITTEN QUESTION No. 4159/97 by Leonie van BLADEL to the Commission. Failure of a TACIS project in Russia
Date: 1998-01-21
Institutions: European Parliament, VAN BLADEL
Subjects: EU aid, EU programme, Netherlands, Russia, building subsidy, financial aid, supermarket, technical cooperation

17. 7. 98

EN

Official Journal of the European Communities

C 223/65

The  action  put  into  motion  by  the  Commission  on  learning  the  facts  described  by  the  Honourable  Members
included writing to the Spanish authorities to request information.

In reply, the Spanish authorities pointed out that the project in question had been the subject of an environmental
impact  assessment  during  which  the  opinion  of  the  general  public  was  sought.  Following  this  consultation
procedure, the project(cid:146)s promoter was asked to carry out additional studies relating to hydrogeology, the use of
plant protection products and the effects on the fauna. According to the Spanish authorities, these studies and
other reports in the hands of the Autonomous Community show that the project in question will not have any
negative impact on the birds for which the area was designated as an SPA.

On  the  basis  of  this  information,  the  Commission  has  not  found  any  breach  of  obligations  arising  from  the
abovementioned Directive 92/43/EEC.

(1)  OJ L 103, 25.4.1979.

(98/C 223/78)

WRITTEN QUESTION E-4159/97

by Leonie van Bladel (UPE) to the Commission

(21 January 1998)

Subject: Failure of a TACIS project in Russia

1.
The Netherlands and its consultants Koninklijke Ahold NV were taken to court on 4 December 1997 by the
Russian  partner  Tonar  for  payment  of  Fl.  9  million  damages  for  the  unlawful  termination  of  a  TACIS  aid
programme (TAGOS) initiated by the EU. According to the ruling of the Amsterdam Court the termination of the
aid  programme  was  unlawful.  Both  the  Netherlands  state  and  Koninklijke  Ahold  N.V.  refuse  to  settle  the
damages  in  a  correct  manner  and  are  forcing  the  Russian  partner  into  a  costly,  unnecessary  and  lengthy
procedure. Is the Commission aware that the case, which is expected to last several years › whether or not there
is a positive or negative result for the plaintiffs › will have an adverse effect on future subsidy programmes and
the mutual trust and stability in relations with Eastern Europe. Does the Commission not consider that there is
gross negligence on the part of Koninklijke Ahold N.V., when, despite the clear indication by the Amsterdam
court that Koninklijke Ahold N.V. is liable for damages, that company and the Netherlands state refuse to hold
any proper discussions with the injured party, in this case the Russian partner Tonar?

2.
The  study  commissioned  by  the  EU  and  carried  out  by  Koninklijke  Ahold  N.V.,  shows  that  the
establishment of a food wholesale business, in this case a distribution centre, is the key priority. Koninklijke
Ahold made this conclusion as a priority in its August 1992 report. Does the Commission not find it strange that
the country providing assistance in the framework of the TACIS aid programme, in this case the Netherlands,
refuses  to  meet  the  key  wishes  of  the  country  receiving  assistance,  in  this  case  Russia,  and  also  that  the
agreements  made  between  the  Netherlands  and  Russia  have  consistently  not  been  fulfilled,  even  after  it  was
shown  that  the  Russians  had  fully  satisfied  all  conditions  set  by  the  European  Union  and  the  Netherlands
Ministry for Economic Affairs?

Answer given by Mr Van den Broek on behalf of the Commission

(4 February 1998)

The Commission would refer to its answer to the Honourable Member(cid:146)s Written Question E-3887/97 (1).

The project mentioned by the Honourable Member, which is the subject of litigation between Russian and Dutch
parties, was funded by the Dutch government. It did not involve any Tacis funding. Therefore, the Commission
cannot intervene in this matter.

The  Commission  strives  to  ensure  synergy  between  Tacis  and  the  technical  assistance  programmes  of  the
Member States. This does, however, not mean that the Commission can influence the implementation, or set
conditions for those programmes of the Member States, as is implied in the question.

(1)  See page 30.