WRITTEN QUESTION E-2023/99 by Christoph Konrad (PPE-DE) to the Commission. Distortion of competition resulting from subsidies in the steel sector.
Date: 1999-11-09
Institutions: European Parliament, Provisional data
Subjects: EU law, control of State aid, interpretation of the law, iron and steel industry

C 203 E/118

Official Journal of the European Communities

EN

18.7.2000

prejudge the allocation between the Commission and national competition authorities of cases involving
the application of Article 86. In a legal exception system like the current one, the Commission is in
principle better placed than national competition authorities to deal with such cases. As to national courts,
according to the settled case-law of the Court of Justice they have jurisdiction to apply Article 86.

(1) OJ C 313, 15.10.1997.

(2000/C 203 E/149)

WRITTEN QUESTION E-2023/99

by Christoph Konrad (PPE-DE) to the Commission

(9 November 1999)

Subject: Distortion of competition resulting from subsidies in the steel sector

1. What does the phrase (cid:145)any aid(cid:146) mean in Article 1(1) of Decision No 2496/96/ECSC establishing
Community rules for state aid to the steel industry (1) in the light of the practice of the Commission and
the Council of increasingly deciding on exemptions from the strict ban on subsidies in the steel industry?

In future will the Commission take the phrase (cid:145)any aid(cid:146) literally and authorise only those forms of aid

2.
which it has declared to be permissible?

(1) OJ L 338, 28.12.1996, p. 42.

Answer given by Mr Monti on behalf of the Commission

(6 December 1999)

The scope of

the term (cid:145)aid(cid:146)

1.
in Article 1(1) of Commission Decision No 2496/96/ECSC of
18 December 1996 establishing Community rules for State aid to the steel industry is meant to cover
any aid. This decision, commonly referred to as the steel aid code, was approved under the procedure of
Article 95 of the ECSC Treaty, as derogation to the general principle in Article 4 of the ECSC Treaty that
declares any aid to the steel industry to be incompatible.

The comments made by the Honourable Member seem to refer to decisions taken by the Commission to
approve restructuring aid to certain steel companies. Like the steel aid code, these decisions were approved
under the procedure of Article 95 of the ECSC Treaty. When approved, they were considered as fulfilling
the Community interests and accordingly considered as equivalent to Community aid. These decisions have
not been taken as derogation to the steel aid code but, as the latter, as a derogation to the ECSC Treaty.

2.
Already when the Council gave its unanimous assent to the last group of such decisions, in 1993, it
declared that such would be the last time and no Member State has since then presented a new request for
use of derogation under Article 95.

(2000/C 203 E/150)

WRITTEN QUESTION E-2025/99

by Glyn Ford (PSE) to the Commission

(3 November 1999)

Subject: Sanctions imposed on Burma

In the light of continuing repression and discrimination practised by the military regime in Burma, what
steps is the Commission taking to ensure that sanctions imposed against them are enforced?