WRITTEN QUESTION E-0419/01 by Niels Busk (ELDR) to the Commission. Compensation in respect of the new BSE rules.
Date: 2001-02-16
Institutions: European Parliament, Provisional data
Subjects: bovine spongiform encephalopathy, common agricultural policy, control of State aid, indemnification, restriction on competition

18.9.2001

EN

Official Journal of the European Communities

C 261 E/113

(2001/C 261 E/119)

WRITTEN QUESTION E-0419/01

by Niels Busk (ELDR) to the Commission

(16 February 2001)

Subject: Compensation in respect of the new BSE rules

Will the Commission say what national compensation schemes have been introduced, or are envisaged, in
the various Member States?

Does it take the view that those schemes are compatible with the Treaty(cid:146)s provisions on state aid?

If it does not, what action has it taken to prevent the unlawful use of state aid?

If it does, how will it ensure that there is no distortion of competition amongst Europe(cid:146)s farmers?

Answer given by Mr Fischler on behalf of the Commission

(5 April 2001)

The Member States have only started to notify measures that are related to the current bovine spongiform
encephalopathy (BSE) crisis. The Commission at present does not have a complete view of the measures
Member States may want to implement.

So far the Commission has only assessed one State aid measure, N 777/00, which was considered
compliant with the EC Treaty (for the full text of this decision see Internet site: http://europa.eu.int/
comm/sg/sgb/state_aids, where all State aid decisions taken by the Commission are made public).

If a State aid would be incompatible with the EC Treaty, the Commission would prohibit such an aid. If
the (incompatible) aid concerned would have been granted already, in contravention of Article 88 (ex
Article 93)(3) of the EC Treaty, the Commission would ask for a recovery of this aid from the beneficiaries.

To prevent such a situation, the Commission has recently reminded all ministers concerned of their
obligation to notify State aids related to BSE.

According to the settled case law all State aids are capable of distorting competition (1). However, Article
87 (ex Article 93)(3) c of the EC Treaty allows this distortion as long as the aid does not adversely affect
trading conditions to an extent contrary to the common interest. A short recapitulation of the State aid
rules in force (2) that allow, in substance, the financing of preventive measures and/or indemnisation for
culling on the basis of national or Community legislation addressing the epidemy, provided that there is no
overcompensation of the costs incurred, was attached to that reminder.

(1) Case C-730/79, ECR 1980, p. 2671, paragraphs 11 and 12.
(2) See (cid:145)Community guidelines for State aid in the agriculture sector(cid:146) (OJ C 28, 1.2.2000).

(2001/C 261 E/120)

WRITTEN QUESTION E-0423/01

by Isidoro SÆnchez Garc(cid:237)a (ELDR) to the Council

(20 February 2001)

Subject: United States foreign policy

What are the Council(cid:146)s views on the official statements of the new Vice-President of the United States, Dick
Cheney, on America(cid:146)s new foreign policy in relation to Cuba and Iraq, and its attempts to convince the
rest of the world to accept the construction of the NMD anti-missile defence shield?