WRITTEN QUESTION No. 545/99 by Christian ROVSING Tendering by the state-owned Danish bus company COMBUS A/S
Date: 1999-03-01
Institutions: European Parliament, ROVSING
Subjects: Denmark, State aid, bus, control of State aid, freedom to provide services, international transport, public sector, restriction on competition, social-security contribution, transport company

C 348/96

Official Journal of the European Communities

EN

3.12.1999

(1999/C 348/119)

WRITTEN QUESTION P-0545/99

by Christian Rovsing (PPE) to the Commission

(1 March 1999)

Subject: Tendering by the state-owned Danish bus company COMBUS A/S

Considering that the state-owned Danish bus company COMBUS A/S has forced a large number of private
tenderers to close down, does the Commission consider it in keeping with EU competition rules, including the
ban on predatory pricing, and EU rules on state aid that COMBUS A/S has increased its share of the Danish
market for contract bus services from 22-25 % to 35-40 % by offering cut prices financed by state aid
earmarked to cover pension contributions and wages for officials, by funding of the deficit mentioned in the
remarks on Bill 1998-99 L 127 corresponding to loss of one third of the company’s net capital, and by further
state aid laid down by law in December 1998? If not, will the Commission initiate an inquiry?

Answer given by Mr Kinnock on behalf of the Commission

(20 April 1999)

Allegations of state funding by undertakings may entail an examination under the Community regime
governing the payments of state aid by administrations. However, the Commission is only obliged to start
formal procedures under Articles 92 and 93 of the EC Treaty if it has doubts about the existence and
compatibility of state aid. In particular the application of Article 92 para 1 requires that the aid distorts or
threatens to distort competition by favouring certain undertakings and affects trade between Member States.

With regard to land transport, full market access is not provided for directly by the EC Treaty, but must
according to Article 75 be achieved through Community legislation. In the case of regular bus services,
competition on Community level is only open for international services and a restricted number of national
services (services for workers, pupils and students 9 until 11 June 1999 only in frontier zones) (Council
Regulation (EEC) 24/54/2 of 23 July 1992 laying down the conditions under which non-resident carriers may
operate national road passenger transport services within a Member State was declared void by the Court of
justice for formal reasons on 1 June 1994 (case C-3882, European Parliament v. Council [1994] ECR I-2081),
but its legal effects were upheld until such time as the Council adopted new legislation on the matter. Council
Regulation No 12/98 of 11 December 1997, replacing Regulation No 2454/92, is to be applied as from
11 June 1999 (1)).

In the event of alleged state aid to regular bus services in geographically restricted areas on the territory of a
Member State, therefore, the effect on trade between Member States must be established and verified in each
individual case. Whenever the effect on trade between Member States cannot be proven, state aid rules are not
violated.

(1) OJ L 251, 29.8.1992.

(1999/C 348/120)

WRITTEN QUESTION E-0548/99

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Transfer to Italy of cultivation of the ‘Katerini’ tobacco variety

(12 March 1999)

The Commission has tabled a proposal concerning the transfer to Italy of cultivation of the ‘Katerini’ tobacco
variety. However, it is a known and scientifically documented fact that this variety is peculiar to the Pieria
region, given its particular soil quality and climatic conditions, and unsuited to cultivation in any other areas
since this would result in a lower quality product and an immediate fall in prices.

Will the Commission consider withdrawing its proposal concerning the cultivation of the ‘Katerini’ tobacco
variety in Italy also?