WRITTEN QUESTION P-0036/01 by Joaquim Miranda (GUE/NGL) to the Commission. Application for Cohesion Fund assistance in connection with the North Alentejo Multimunicipal Water Supply and Sewage Treatment System.
Date: 2001-01-16
Institutions: European Parliament, Provisional data
Subjects: Alentejo, Cohesion Fund, EU financing, Structural Funds, decontamination, wastewater, water supply

3.7.2001

EN

Official Journal of the European Communities

C 187 E/165

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 March 2001)

Concerning the question raised by the Honourable Member, the Commission can inform her that it has
already lodged a complaint with the French authorities, on 5 April 2000, for failure to implement
Article 141 (ex Article 119) of the EC Treaty as interpreted by the Court of Justice, particularly in cases
C-7/93 (Bestuur van het Algemeen Burgerlijk Pensioenfonds v. G. A. Beune) (1) and C-147/95 (Dimossia
Epicheirissi Ilektrismou (DEI) v. Efthimios Evrenopoulos) (2), and for failure to implement Council Directive
96/97/EC of 20 December 1996, amending Directive 86/378/EEC of 24 July 1986 on the implementation
of the principle of equal treatment for men and women in occupational social security schemes (3),
reflecting the Court(cid:146)s decisions. It should be noted that France has already been censured by the Court of
Justice in its ruling of 8 July 1999 on case C-354/98 (Commission of the European Communities v. French
Republic) (4) for failure to notify the transposal measures for Directive 96/97/EC.

Moreover, regarding the specific question of civilian and military pensions, two matters have already been
referred to the Court of Justice for a preliminary ruling by the French national courts (C-366/99 Criesmar
and C-206/00 Moufflin).

(1) ECR 1994 I-4471.
(2) ECR 1997 I-2057.
(3) OJ L 46, 17.2.1997.
(4) ECR 1999 I-4927.

(2001/C 187 E/177)

WRITTEN QUESTION P-0036/01

by Joaquim Miranda (GUE/NGL) to the Commission

(16 January 2001)

Subject: Application for Cohesion Fund assistance in connection with the North Alentejo Multimunicipal

Water Supply and Sewage Treatment System

(cid:145)`guas de Portugal(cid:146),
An authoritative representative of the Portuguese State-controlled water company,
confirmed at a recent meeting of Portalegre Municipal Council
(of which I am a member) that an
application for Structural/Cohesion Fund assistance in connection with the above-mentioned system had
been submitted to the Commission.

However:

(a) The system, which would encompass substantial resources of the 15 municipalities comprising
Portalegre District, has been laid down by the Portuguese Ministry for the Environment and Regional
Planning (under Decree-Law No 128/2000) without prior consultation of the municipalities them-
selves,

(b) The municipalities are currently considering whether to join the system and set up a corporation to
run it. It therefore obviously follows that on the date when the application was submitted, they had
not taken a decision on those two points, let alone on the terms of an application for assistance,
although the resources concerned (still) fell under their responsibility,

(c) One of the municipalities involved, Portalegre, has already stated that it will not be joining the system,

and there are others which may incline to the same view,

(d) Meanwhile, the Assembly of the Republic has already begun to debate Bill No 275/VIII, which, if
adopted, will cast doubt on the above decree-law and hence on the water supply system in the form
laid down.

C 187 E/166

Official Journal of the European Communities

EN

3.7.2001

The fact that an application for Structural/Cohesion Fund assistance has been submitted under the
circumstances described above prompts the following questions:

1. What body is responsible for the application, according to the indications specified in the relevant

papers, and under what conditions was the application drawn up?

2. What projects are covered by the application, and what amounts of investment are involved?

3. How far will the Commission protect the property of the municipalities concerned and the investment
projects, especially if municipalities have already decided or eventually decide not to join the system?

4. How will it proceed as regards the application if the system does not come into being or, more to the

point, is not set up in accordance with the stipulations of the Portuguese Government?

Answer given by Mr Barnier on behalf of the Commission

(20 February 2001)

The Portuguese authorities have not to date applied for Cohesion Fund assistance for the project in
question. However, the northern Alentejo multimunicipal system has been included among the projects
eligible for part-financing under the Fund and has been listed in the instrument(cid:146)s reference framework
because the system is in keeping with the integrated approach per river basin advocated by Directive
2000/60/EC of Parliament and of
the Council of 23 October 2000 establishing a framework for
Community action in the field of water policy (1).

Applications for Cohesion Fund financing are always submitted by the department of regional develop-
ment under the supervision of the Portuguese Minister for Planning.

The Commission examines the projects submitted by the beneficiary Member State. Safeguarding the
municipalities(cid:146) assets is governed national law.

As a general rule, if a project part-financed under the Cohesion Fund is not carried out in accordance with
the conditions subject to which assistance was granted, the regulatory provisions in force (2) entitle the
Commission to suspend, reduce or cancel the assistance granted.

Moreover, as regards possible Structural Fund financing for certain components of the system in question,
under the existing financial management partnership and the provisions in force (3) responsibility for
examining and approving applications in respect of the projects submitted rests with the Portuguese
authorities. In particular, they must ensure compliance with the applicable Community legislation and with
the selection criteria set out in the operational programme (OP) and the programming supplement. As
a general rule, assistance part-financed by the Community must aim to maximise the leverage effect of the
state resources mobilised while minimising the cost of attaining the public-service objectives sought.

Information on a possible application in respect of the project to the Alentejo OP can be obtained from
the chairman of the Alentejo regional coordinating committee, which is responsible for managing the
programme.

(1) OJ L 327, 22.12.2000.
(2) Council Regulation (EC) No 1265/1999 of 21 June 1999 amending Annex II to Regulation (EC) No 1164/94

establishing a Cohesion Fund (OJ L 161, 26.6.1999).

(3) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds

(OJ L 161, 26.6.1999).