WRITTEN QUESTION No. 1094/99 by Jonas SJÖSTEDT Exemption from Article 92 of the Treaty
Date: 1999-04-15
Institutions: European Parliament, SJOESTEDT
Subjects: State aid, Sweden, derogation from EU law, eligibility criteria, eligible region, less-favoured region, regional aid

C 370/164

Official Journal of the European Communities

EN

21.12.1999

fund for small and medium-sized enterprises has not yet been paid. This operation will be de-programmed
at the next Monitoring Committee meeting.

In the case of the assistance towards factory premises, the Group of Communes of the Sambre Valley has
qualified for a grant of FRF 1,6 million within a volume of FRF 7,87 million. The Group can keep this
funding, in the hope that a new tenant will be found.

On a more general note, the regulations currently in preparation for the new programming period
(2000-06) will take account of this issue of business relocations, so as to improve the rules on regional
assistance. The new provisions, which will include in particular a minimum-stay clause for investments,
will aim to concentrate budget resources in employment blackspots while avoiding competition and grant
escalation between different areas.

(1999/C 370/232)

WRITTEN QUESTION P-1094/99

by Jonas Sjöstedt (GUE/NGL) to the Commission

(15 April 1999)

Subject: Exemption from Article 92 of the Treaty

The European Council’s agreement on the Financial Perspective includes two separate forms of aid for
Northern Sweden. Some areas are covered by Objective 1 (formerly Objective 6). Other, coastal areas are
to receive separate aid.

Does this arrangement mean that both types of area will be exempt from EU rules on State aid pursuant to
Article 92 of the Treaty?

Answer given by Mrs Wulf-Mathies on behalf of the Commission

(7 May 1999)

No region in the Community is ‘exempt’ from Community rules on state aid. Even regions covered by the
derogation in Article 87(3) of the EC Treaty (ex Article 92(3)) are subject to Community state aid rules.

The conclusions of the Berlin European Council (in line with the draft general regulation for the structural
funds proposed by the Commission) mention three criteria for eligibility under objective 1 of the structural
funds. Only those NUTS II regions which meet the first of these criteria, i.e. which have a GDP per capita
below 75 % of the Community average, are automatically eligible for regional aid under Article 92, 3a EC
Treaty, which uses the same criterion.

The other objective 1 regions, including those in the north of Sweden, can become eligible for regional aid
under Article 92,3c EC Treaty if the Member State includes them in the list of assisted areas it proposes to
the Commission.

Two provisions (paras. 3.10.4 and 3.1.5) of the regional aid guidelines (1) are particularly relevant for the
northern Swedish regions. On the one hand, all NUTS III regions with a population density below
12,5 inhabitants per square kilometre can become eligible under Article 92.3c EC Treaty. On the other
hand, all regions which are eligible for structural funds assistance can also qualify for assistance under the
same article if certain conditions concerning the definition of the area are met (para. 3.10.3 of the regional
aid guidelines).

(1) OJ C 74, 10.3.1998.