WRITTEN QUESTION E-0349/00 by Rosa Díez González (PSE), Fernando Pérez Royo (PSE) and Luis Berenguer Fuster (PSE) to the Commission. Public aid and the reinforcing of a dominant position on the Spanish electricity market.
Date: 2000-02-14
Institutions: European Parliament, Provisional data
Subjects: Spain, common commercial policy, control of State aid, electrical industry, privatisation

C 303 E/180

Official Journal of the European Communities

EN

24.10.2000

(2000/C 303 E/203)

WRITTEN QUESTION E-0349/00

by Rosa D(cid:237)ez GonzÆlez (PSE), Fernando PØrez Royo (PSE)
and Luis Berenguer Fuster (PSE) to the Commission

(14 February 2000)

Subject: Public aid and the reinforcing of a dominant position on the Spanish electricity market

In view of the duopoly in the Spanish electricity market and in connection with the State aid provided for
the CTC (costs of transition to competition), will the Commission abide by its policy of ensuring that
public aid is not used to reinforce a dominant position?

Answer given by Mr Monti on behalf of the Commission

(22 March 2000)

Commission monitoring of state aid involves checking the extent to which the distortion of competition
necessarily engendered by the aid is offset by its contribution to the common interest, as seen in
Community terms. Against this background,
in examining cases of state aid associated with stranded
costs, the Commission will apply a methodology the basic principles of which were discussed in June 1999
with the Member States. This takes account in particular of the level of competition in the market
concerned. The aid must therefore serve to offset eligible stranded costs that have been clearly specified
and identified, and the arrangements for payment must allow account to be taken of actual future
developments in competition, as measured by quantifiable factors.

(2000/C 303 E/204)

WRITTEN QUESTION E-0351/00

by Rosa D(cid:237)ez GonzÆlez (PSE), Fernando PØrez Royo (PSE)
and Luis Berenguer Fuster (PSE) to the Commission

(14 February 2000)

Subject: Consumer interests in connection with the Spanish electricity market (cid:129) examination of the public

aid granted by the government

According to the Spanish media, in connection with the CTC (costs of transition to competition) the
Commission is to forward the independent report to the Spanish Government so that it can justify its
action.

In view of the fact that in this area the Spanish Government does not represent the interests of the general
public but those of the electricity companies, will
it also forward the report to Spanish consumers(cid:146)
representatives? Does the Commission realise that not to do so would be contrary to the principle of a
level playing field?

Answer given by Mr Monti on behalf of the Commission

(24 March 2000)

In accordance with Commission Decision 94/90/ECSC/EC/Euratom of 8 February 1994 on public access to
Commission documents (1), the report in question cannot be disclosed because it would undermine the
protection of commercial and industrial secrecy. Furthermore, it is broadly based on data supplied by the
Spanish Government, which has requested that it be left confidential. The Commission does not therefore
plan to forward the report to the Spanish consumers(cid:146) representatives.

Moreover, the Commission does not consider that failure to disclose is in breach of the principle of a level
playing field as the decision to be adopted concerns Spain alone. This is why in the case of State aid only
the Member State concerned has access to the dossier.

(1) OJ L 46, 18.2.1994.