WRITTEN QUESTION E-2224/01 by W.G. van Velzen (PPE-DE) to the Commission. Netherlands state aid for the American computer firm SCI System.
Date: 2001-07-24
Institutions: European Parliament, Provisional data
Subjects: Netherlands, State aid, United States, control of State aid, exchange of information, information technology industry, infringement procedure (EU)

16.5.2002

EN

Official Journal of the European Communities

C 115 E/41

Regulation (EC) No 1475/95 expires in September 2002 and the Commission is currently in the process of
reviewing the operation of the competition rules in this area. As part of the review,
last year the
Commission carried out an evaluation of the way in which Block Exemption Regulation (EC) No 1475/95
has functioned since it was adopted in 1995.

In its report, which is available on the Internet (3), the Commission concluded that the Block Exemption
had not fulfilled certain of its aims,
inter alia as regards independent repairers’ access to technical
information.

The Commission is now carefully examining all relevant questions with a view to deciding on a framework
for post-2002 car distribution. Access to technical
is a
particularly important issue in this regard. In particular, it would seem that an inability to get access to
such equipment may effectively exclude independent repairers from an increasing segment of the repair
market, to the detriment of competition. There are, however, other interests that must be taken into
account, including those of the car manufacturers and the manufacturers of the diagnostic equipment
concerned.

information and to diagnostic equipment

The Commission has recently commissioned the independent consultants Arthur Andersen to carry out a
study to measure the impact of possible legislative scenarios on all parties concerned, and they have been
specifically asked to look at the question of access to diagnostic equipment and technical information.

The Honourable Member may be assured that the Commission will consider all relevant factors before
deciding how to deal with this issue in the context of the post-2002 regime for car distribution.

(1) Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the EC Treaty to

certain categories of motor vehicle distribution and servicing agreements, OJ L 145, 29.6.1995.

(2) OJ L 350, 28.12.1998.
(3) At http://europa.eu.int/comm/competition/car_sector/distribution/eval_reg_1475_95/report/.

(2002/C 115 E/041)

WRITTEN QUESTION E-2224/01

by W.G. van Velzen (PPE-DE) to the Commission

(24 July 2001)

Subject: Netherlands state aid for the American computer firm SCI System

The Commission is currently investigating the Netherlands state aid to the American computer firm SCI
System. According to reports in the Dutch newspaper Financiële Dagblad of 9 July 2001, the Netherlands
Government provided the Commission with incorrect and incomplete information.

Is the Commission aware of this article in the Financiële Dagblad, and can the Commission confirm
to the Commission on SCI System the item relating to
in the Netherlands state aid report

1.
that
NLG 800 000 for security services to be paid by the province of Friesland was missing?

If this item is missing, what steps will the Commission take to check the veracity of the report in the

2.
Dutch newspaper?

If

the Netherlands Government has provided the Commission with incorrect and incomplete
3.
information regarding state aid to the American computer firm SCI System, what effect will this have on
its relations with the Commission and what steps might the Commission take?

Answer given by Mr Monti on behalf of the Commission

(8 October 2001)

The Commission is aware of the newspaper article that is referred to.

The case to which the questions refer has been the subject of an investigation by the Commission. The
Commission initiated the procedure of Article 88(2) by its decision of 6 February 1999 (1). It took a final
decision on 13 February 2001 (2).

C 115 E/42

Official Journal of the European Communities

EN

16.5.2002

The Commission’s investigations started when a third party alleged that State aid in various forms was
given, going beyond the level that could be based on authorised schemes. The Commission subsequently
asked the Dutch authorities for information on the aid measures in favour of SCI Systems.

including the payments for security
The Dutch authorities originally held that some of the measures,
services (NLG 778 552), did not constitute State aid. Nevertheless they provided detailed information, also
with respect to the security services. The Commission therefore is confident that its final decision has been
based on full information that is relevant to the case. In fact, the Commission concluded that the payment
of the security services constituted incompatible aid, that subsequently has been recovered from the
company.

(1) OJ C 144, 22.5.1999.
(2) OJ L 186, 7.7.2001.

(2002/C 115 E/042)

WRITTEN QUESTION E-2232/01

by Torben Lund (PSE) to the Commission

(26 July 2001)

Subject: Straw-shortening chemicals

Are there any existing or planned prohibitions at EU or national level in one or more Member States on
the use of straw-shortening chemicals in agriculture?

If there is no such EU legislation in preparation, are there any plans to initiate it?

Answer given by Mr Byrne on behalf of the Commission

(23 October 2001)

The marketing and use of plant protection products in the Community is governed by Council Directive
91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1). It
provides that no plant protection product can be placed on the market in the Community unless it has
first been authorized by the Member State in whose territory it is to be marketed. The scope of the
directive includes the marketing and use of growth regulators and Member States have had to apply, since
the entry into force of the Directive in July 1993, in particular Article 4 of the Directive when granting
authorizations for specific uses.

At Community level, there is no specific legislation prohibiting the use of plant protection products as
growth regulators in cereals and there are no plans at this time to introduce any.

level, the Commission is aware of legislation in Sweden. At the meeting of the Standing
At national
Committee on Plant Health held on 16 June 2000, and during the examination of Commission Directive
2000/50/EC of 26 July 2000 concerning the inclusion of an active substance prohexadione calcium in
Annex I to Council Directive 91/414/EEC (2), Sweden made the following declaration:

Since 1987, plant growth regulators are not allowed to be used in cereals in Sweden, except in rye for
which there are no short straw (lodging resistant) varieties available at present. This regulation is based
on a general restrictive national view on the use of all agrochemicals and is also in line with the
Council Resolution of the fifth Environmental Action Programme (3). We also fear that allowing plant
growth regulators may as a consequence indirectly increase the risk of nitrogen eutrophication.

(1) OJ L 230, 19.8.1991.
(2) OJ L 198, 4.8.2000.
(3) OJ C 150, 31.5.1993.