WRITTEN QUESTION E-1748/01 by José García-Margallo y Marfil (PPE-DE) to the Commission. Takeover of Hidrocantábrico by the Villar Mir and EnBW group.
Date: 2001-06-15
Institutions: European Parliament, Provisional data
Subjects: Spain, application of EU law, competition law, dominant position, electrical industry, merger control

C 364 E/194

Official Journal of the European Communities

EN

20.12.2001

(2001/C 364 E/210)

WRITTEN QUESTION P-1742/01

by Gorka Kn(cid:246)rr Borr(cid:224)s (Verts/ALE) to the Commission

(12 June 2001)

Subject: Air traffic

Since the creation of AENA (Spanish airports and air traffic), a public body established in 1990, all
technical staff specialising in air traffic operations and services who are employed in air traffic services
must have qualifications and a licence, in accordance with European rules (Eatchip I and II) and those of
the International Civil Aviation Organisation (ICAO). A document produced recently by the ICAO states
explicitly that Spain is the only country that fails to comply with these rules. Is the Commission aware of
this problem?

Given the danger to air traffic that a lack of appropriate training could represent, what action does the
Commission intend to take?

Answer given by Mrs de Palacio on behalf of the Commission

(10 July 2001)

The Commission is not aware of the allegations raised by the Honourable Member(cid:146)s communication but
can inform that at present there are no Community wide provisions for the licensing/certification of Air
Traffic Management (ATM) personnel.

its November 2000 meeting, adopted a Eurocontrol Safety Regulation Requirement
Eurocontrol at
(ESARR) on ATM Services(cid:146) Personnel requiring the Designated Authorities of the Member States of
Eurocontrol, which include Spain, to ensure that all personnel responsible for tasks in the provision of air
traffic services, which are considered to be related to the safety of air traffic, are competent to carry out
those tasks and satisfy applicable medical fitness requirements. Such competencies shall be subject to
appropriate measures to ensure their ongoing viability and recognised by an appropriate certification/
licensing system. These provisions are to become effective within three years from the date of adoption by
Eurocontrol, i.e. November 2003.

The Commission is closely following the development and implementation of these requirements with
a view to their transposition into Community law at some future date.

(2001/C 364 E/211)

WRITTEN QUESTION E-1748/01

by JosØ Garc(cid:237)a-Margallo y Marfil (PPE-DE) to the Commission

(15 June 2001)

Subject: Takeover of HidrocantÆbrico by the Villar Mir and EnBW group

The takeover of HidrocantÆbrico by the Villar Mir and EnBW group threatens to strengthen the dominant
position jointly held in the electricity generation market on the Spanish mainland. As a result, effective
competition in that market may be obstructed to a significant extent.

Furthermore, the reported takeover affects competition in regional and local markets for the distribution
and marketing of electricity in which HidrocantÆbrico is present. These markets present all
the
characteristics of a distinct market and do not represent a substantial part of the common market.

Does the Commission consider that, under Article 9(3)(b) of Regulation 4064/89 (1), the competent Spanish
authorities should decide on the matter with a view to application of national
legislation to protect
competition, specifically Article 14 et seq. of Law 16/1989 of 17 July on the protection of competition
and Royal Decree 1080/1992 which develops that law?

(1) OJ L 395, 30.12.1989, p. 1.

20.12.2001

EN

Official Journal of the European Communities

C 364 E/195

Answer given by Mr Monti on behalf of the Commission

(31 July 2001)

On 1 June 2001, the Commission has decided to undertake a full, second phase investigation of the
proposed acquisition of joint control over Spanish utility HidroelØctrica del CantÆbrico S.A. (Hidrocant-
Æbrico) by Spanish Group Villar Mir and Energie Baden-W(cid:252)rttemberg (EnBW). The Commission considers
that the proposed operation raises serious doubts, as it could consolidate the existing collective dominant
position in the Spanish electricity market. It will also examine the extent to which the dominant position
of ElectricitØ de France (EdF), which jointly controls EnBW, could be strengthened. The Spanish
government has asked referral of the case, but as the Commission is starting an in-depth probe, according
to article 9 of the Merger Regulation (1) it does not need to take a decision on the request made by the
national authorities at this stage of the procedure.

The Commission has from the date it decided to open a second phase investigation, a maximum of four
months to reach a final decision.

(1) Council Regulation (EEC) No 4064/89 of 21 December 1989, on the control of concentrations between
undertakings (OJ L 395, 30.12.1989), as last amended by Council Regulation (EC) No 1310/97 of 30 June 1997
(OJ L 180, 9.7.1997).

(2001/C 364 E/212)

WRITTEN QUESTION E-1751/01

by Carlos Ripoll y Mart(cid:237)nez de Bedoya (PPE-DE) to the Commission

(15 June 2001)

Subject: Aid for dried fruit

Agriculture plays only a small part in economic activity on the island of Majorca. Nevertheless, agriculture
is a key element in its social structure and in regional planning and environmental protection policy on the
island.

Dried fruit accounts for the bulk of agricultural production in Majorca, and the reduction or abolition of
European Union aid would therefore deal a heavy blow to social cohesion on the island, since virtually all
farming activity would disappear and farms would be abandoned.

1. What is the Commission(cid:146)s policy on dried fruit?

2. Will aid policy for dried fruit be continued?

3. Will the Commission draw a distinction between possible types of aid in line with their social impact
in the various areas?

Answer given by Mr Fischler on behalf of the Commission

(30 July 2001)

1.
The policy of the Commission on nuts (almonds, hazelnuts, walnuts, pistachios and carobs) since
1989 has been to support the nut sector through specific and temporary measures. In this context, specific
aid has been granted to the nut sector for 10 years under the provisions of Title IIa of Regulation (EEC)
No 1035/72 of the Council of 18 May 1972 on the common organization of the market in fruit and
vegetables (1) (improvement plans). The aim of the measure has been essentially to improve productivity
and competitiveness.

A temporary specific flat-rate aid for hazelnuts was granted between 1997 and 2000.