WRITTEN QUESTION E-0802/00 by Benedetto Della Vedova (TDI) to the Commission. Compatibility of Italian Law No 454/97 (and the implementing decrees) with Community law on state aids.
Date: 2000-03-16
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, combined transport, control of State aid, environmental standard, freedom to provide services, residence, road transport, safety standard, terms for aid

C 374 E/160

Official Journal of the European Communities

EN

28.12.2000

(2000/C 374 E/189)

WRITTEN QUESTION E-0802/00

by Benedetto Della Vedova (TDI) to the Commission

(16 March 2000)

Subject: Compatibility of Italian Law No 454/97 (and the implementing decrees) with Community law on

state aids

By means of Law No 454 of 23 December 1997 laying down measures for the restructuring of road
haulage and the development of intermodality, the Italian Parliament sought to introduce benefits and
incentives for road haulage firms.

The above law stipulates that only road haulage firms based in Italy may benefit from the above measures,
thus raising doubts about its compatibility with Community law on competition and state aids.

Those doubts were removed by two decrees issued by the Transport Ministry on 14 October 1998 with a
view to implementing Law No 454/97, which extend the benefits to (cid:145)companies based in another EU
Member State which hold a Community licence(cid:146); as a result, the Commission delivered a favourable
opinion on the compatibility of Law No 454/97 with Community law (Decision 1999/590/EC (1) of 4 May
1999).

On 7 July 1999 those two decrees were replaced by two others which stipulated that entitlement to the
benefits was restricted to undertakings entered in the road hauliers(cid:146) register in Italy (i.e. those that have at
least a branch office in Italy), which would appear to invalidate one of the assumptions on which the
Commission(cid:146)s favourable opinion was based.

The favourable opinion itself was made conditional on both Law No 454/97 and the implementing decrees
being amended so as to ensure that such aid could be granted solely with a view to offsetting the cost of
meeting more stringent emissions and safety standards (cid:129) in other words, only the difference in cost
between vehicles meeting normal standards and vehicles meeting more stringent standards (while, at
present, the aid is based exclusively on the cost of a replacement vehicle). No such amendment has been
made.

Would the Commission not agree that, since the two assumptions on which it based its favourable opinion
(extension of the benefits to undertakings based in the EU and amendment of Law No 454/97 and the
implementing decrees) are no longer valid,
the provisions of Law No 454/97 violate Community
legislation on state aids? If it does, how does it intend to prevent this situation from causing irreparable
damage to road haulage firms?

(1) OJ L 227, 28.8.1999, p. 12.

Answer given by Mrs de Palacio on behalf of the Commission

(19 April 2000)

On 4 May 1999, upon completion of the procedure it
Italy in March 1998, the
Commission decided to authorise the Italian State aid scheme providing assistance for restructuring the
road haulage sector and developing intermodality (Commission Decision No 1999/590/EC of 4 May 1999
on measures for the restructuring of road haulage and the development of intermodality (Law No 454 of
23 December 1997) which Italy intends to implement (1)). The Commission was able to deliver a
favourable opinion in view of the amendments the Italian Government proposed to make to the existing
texts, namely Law No 454 of 23 December 1997 and the Ministerial Decree of 14 October 1998 on
incentives for investments in innovation and training.

initiated against

The Decision also required Italy to inform the Commission that the amendments in question had been
approved and to send it regular reports on the implementation of the authorised measures. To date, the
Commission has received no such information and has received no word of the Ministerial Decrees of
7 July 1999 which replaced the Decrees of 14 October 1998.

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Official Journal of the European Communities

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For want of more detailed information, the Commission in unable to comment on the situation the
Honourable Member is referring to. Nonetheless, as part of its follow-up of the procedure it will check that
the Italian measures remain fully compatible with the Community rules on State aid.

(1) OJ L 227, 28.8.1999.

(2000/C 374 E/190)

WRITTEN QUESTION P-0806/00

by Gerardo Galeote Quecedo (PPE-DE) to the Commission

(9 March 2000)

Subject: Role of the Commission representative during official European Parliament visits

In view of the various different practices followed in respect of the role of the Commission representative
during official visits by representatives of the European Parliament, could the Commission explain whether
there are any rules governing the role of the Commission representative during official visits to third
countries by parliamentary bodies, particularly as regards matters such as organisation, protocol, participa-
tion, etc?

Could the Commission also say whether there are any rules on its participation in meetings of
parliamentary committees and interparliamentary delegations in Brussels, when issues are discussed for
which its presence might by useful in providing information relevant to Parliament(cid:146)s work?

Answer given by Mr Patten on behalf of the Commission

(27 March 2000)

The role of the head of delegation of the Commission in third countries during official visits for the
Parliament is defined in the Manual of operational procedures.

This role involves, inter alia, meeting the delegation of the Parliament on arrival in the country, providing
(within reasonable limits) logistical support, briefing them on the situation in the country and on particular
points of interest and accompanying the delegation from Parliament on their visits. It can also involve
assistance, where needed, with local media contacts and where possible, offering appropriate hospitality.

The Commission adopted in 1999 a communication to the Council and Parliament in which it stated that
heads of delegation could appear before parliamentary committees and inter-parliamentary delegations in
the same way as officials of the Commission based at headquarters do. On such occasions they could
answer specific questions concerning the exercise of their functions. The Commissioner in change of
external relations has encouraged heads of delegations to offer, during visits to headquarters, to brief the
relevant committee or delegation on the state of relations between the Union and the country or countries
to which he is assigned.

(2000/C 374 E/191)

WRITTEN QUESTION P-0808/00

by Hans Modrow (GUE/NGL) to the Commission

(9 March 2000)

Subject: Sanctions against Yugoslavia

In connection with their decision to suspend air traffic with the Federal Republic of Yugoslavia for six
months the Member States of the European Union have drawn up a list of several hundred Yugoslav
citizens who are subject to a general ban on entry to the European Union.