WRITTEN QUESTION P-2841/00 by Nelly Maes (Verts/ALE) to the Commission. Designating regional support areas.
Date: 2000-09-04
Institutions: European Parliament, Provisional data
Subjects: Belgium, State aid, eligible region, geographical distribution, less-favoured region, principle of subsidiarity, regional aid

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(2001/C 113 E/201)

WRITTEN QUESTION P-2840/00

by Mar(cid:237)a Izquierdo Rojo (PSE) to the Council

(6 September 2000)

Subject: Community patent and damage to Spain(cid:146)s interests

The Lisbon European Council agreed (as stated in its conclusions) that the Community patent should come
into existence before the end of 2001 and the French Presidency is planning to begin discussions on the
matter at forthcoming meetings in September 2000. However, the Commission has adopted a legislative
proposal which, in its current form, is clearly damaging to Spain and which will have serious implications
for the Spanish Patent Office. The proposal unacceptably downgrades Spanish in favour of German and,
according to Spain(cid:146)s permanent representative to the EU, it has been drawn up in a form which is highly
convenient to France, Germany, the United Kingdom and the Commission, under the pretext of reducing
the cost of patenting inventions to a minimum.

In the light of the above facts, will the Council answer the following questions?

1. Does the Council accept that the forthcoming regulation on the Community patent may have serious

implications for the Spanish Patent and Trademark Office as it currently exists?

2. Will the Council ensure that, under the forthcoming regulation, responsibilities are distributed fairly?

3. Will the Council ensure that the regulation does no damage to Spain(cid:146)s interests, as seems likely from

the draft version which has been adopted by the Commission?

4. Will Spanish be included as one of the working languages or will it be downgraded in favour of

German?

Reply

(16 November 2000)

The proposal for a Council Regulation on the Community patent, which the Commission submitted to the
Council on 2 August 2000, has as its legal basis Article 308 of the EC Treaty, which requires consultation
of the European Parliament. The Honourable Member will understand that the Council cannot state its
position on the substance of the Commission proposal before such consultation.

The Council would also point out that Article 308 requires unanimity by the Member States in the Council
to act on the Commission proposal.

(2001/C 113 E/202)

WRITTEN QUESTION P-2841/00

by Nelly Maes (Verts/ALE) to the Commission

(4 September 2000)

Subject: Designating regional support areas

In the context of reform of the European structural funds, the Flemish government submitted a proposal in
late December 1999 on designating development areas for the period 2000-2006. In these areas, which
adjoin target areas, the Flemish government can give increased aid to businesses.

What is the logic of Europe(cid:146)s policy in designating development zones?

Is the administrative boundary of a region a factor in this logic?

Does the Flemish government(cid:146)s proposal to the Commission on designating regional support areas respect
all objective criteria?

Do these criteria take account of the coherence of the region?

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Answer given by Mr Monti on behalf of the Commission

(9 October 2000)

The notification by the Flemish authorities to which the Honourable Member refers does not concern the
Structural Funds but the regional aid map for Belgium.

On 17 December 1999 the Belgian authorities notified, in accordance with Article 88(3) (former Article
93) of the EC Treaty, a proposal for a regional state aid map for the period 2006-2006.

Pursuant to Article 87(3)(a) and (c) (former Article 92) of the EC Treaty, the Commission may authorise
the granting of national regional aid under certain conditions. Regional aid differs from other categories of
state aid (e.g. research and development (R&D) aid and aid for small and medium-sized enterprises
(SMEs))in that it is reserved for particular regions and has as its specific aim the development of those
regions.

The Commission considers that regional aid can contribute effectively to regional development and hence
justify the consequent distortions of competition, provided that
is used sparingly and remains
concentrated on the most disadvantaged regions. If aid were to become generalised, it would lose all its
incentive effect and its economic impact would be nullified. At the same time, it would interfere with the
normal interplay of market forces and reduce the efficiency of the Community economy as a whole.

it

The above provides the basic rationale for the establishment of regional aid maps. The selection of regional
aid areas on the basis of objective criteria enables the Commission to ensure that regional aid is
concentrated on the regions experiencing the most severe problems and that, as a result, this instrument
is effective.

in justified circumstances,

The criteria to be used for the demarcation of regional aid maps are laid down in the guidelines for
national regional aid (1). The guidelines provide that Article 87(3)(a) regions are defined on the basis of
NUTS level II regions (the provincial level in the case of Belgium). They also provide that Article 87(3)(c)
regions should normally conform to NUTS level III regions ((cid:145)arrondissements administratifs(cid:146) in the case of
In principle,
Belgium) or,
therefore, Member States may propose geographical units other than (cid:145)administrative units(cid:146)
for the
demarcation of Article 87(3)(c) regions, provided that reliable statistical indicators are available at national
level for the units proposed. A number of Member States have exercised this option and defined their map
on the basis of geographical units other than NUTS level III regions. In some cases, they have opted for
units that do not have an administrative function (e.g. (cid:145)bassins d(cid:146)emploi(cid:146) in France, (cid:145)sistemi locali del lavoro(cid:146)
in Italy and (cid:145)job opportunity zones(cid:146) in the United Kingdom).

to a different homogeneous geographical unit.

In their notification, the Belgian authorities argue that NUTS level III regions can no longer be regarded as
appropriate geographical units for the demarcation of the Belgian Article 87(3)(c) map for the period
2000-2006 (no region in Belgium satisfies the criteria for eligibility under Article 87(3)(a)). They propose
to use NUTS level V ((cid:145)communes(cid:146)) instead and maintain that it is possible to define a compact regional aid
map on this basis. The Commission is currently examining whether the Belgian proposal satisfies all the
formal criteria and conditions laid down in the guidelines. It considers that the criteria set out in the
guidelines with respect to the definition of the regional aid map should enable Member States to propose
coherent regional aid maps.
It maintains that, under normal circumstances, NUTS levels II and III
constitute appropriate geographical levels for defining Article 87(3)(a) and (c) areas respectively and for
implementing a coherent regional policy. In this context, it is also important to bear in mind a number of
other considerations. As mentioned above, the guidelines provide for the use of geographical units other
than NUTS level III for the definition of Article 87(3)(c) regions. This allows a Member State to use a basic
geographical unit which it believes to be better suited for the demarcation of coherent regional policy
areas. In line with the subsidiarity principle, it is up to the Member States concerned to take advantage of
this possibility. If a Member State is of the opinion that the present NUTS level II or III classification is no

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longer appropriate because it no longer reflects current economic spatial structures, it can always request
that Eurostat adapt the boundaries of its NUTS level II or III regions. In fact, the NUTS classification for
both the United Kingdom and Ireland has been modified in 1999 at the reasoned request of the relevant
national authorities.

(1) OJ C 74, 10.3.1998.

(2001/C 113 E/203)

WRITTEN QUESTION P-2842/00

by Ulla Sandb(cid:230)k (EDD) to the Council

(6 September 2000)

Subject: Recruitment

Will the Council explain what the relevant qualifications are for the post of Vice-President of the European
Investment Fund, and can it say whether the candidate proposed by the Irish government possesses such
qualifications?

Reply

(30 November 2000)

According to art. 11 of the Protocol on the Statute of the European Investment Bank, only persons whose
independence and competence are beyond doubt can be members of the Board of Directors of the EIB.

Those persons are,
nomination by the Member State concerned and not by the Council of the European Union.

furthermore, appointed by the Board of Governors of

the EIB following their

(2001/C 113 E/204)

WRITTEN QUESTION E-2845/00

by Glyn Ford (PSE) to the Commission

(8 September 2000)

Subject: Number of MEPs in the European Parliament

In view of the recent statement by the leader of Her Majesty(cid:146)s Opposition in the UK that (cid:145)we could easily
knock 100 seats off the European Parliament(cid:146) (quoted in GC magazine, September 2000, page 142), could
the Commission outline the process that would have to be gone through to reduce the current European
Parliament from 626 to 526?

Would the Commission take the view that this is an easy task?

Answer given by Mr Barnier on behalf of the Commission

(20 October 2000)

The number of seats in the European Parliament is laid down by the EC Treaty. Article 189 EC states that
the number of members may not exceed 700, while Article 190(2) EC (formerly Article 138(2)) lays down
the number of members elected in each Member State (totalling 626 members at present). These
provisions can be changed only by revising the Articles in question, which can be done either by
amending the Treaty (according to the procedure laid down in Article 48 (formerly Article N) of the
Treaty on European Union) or by adjusting the Treaty upon accession of a new Member State (according
to the procedure laid down in Article 49 EU (formerly Article O)).