WRITTEN QUESTION E-1609/02 by Erik Meijer (GUE/NGL) to the Commission. Agreement between national governments on acceptance of unlawful State aid to businesses which consume oil products whose price is rising.
Date: 2002-06-05
Institutions: European Parliament, Provisional data
Subjects: European Commission, France, Italy, Netherlands, State aid, appeal to the Court (EU), common transport policy, control of State aid, diesel fuel, energy policy, environmental protection, fuel tax, tax harmonisation

12.12.2002

EN

Official Journal of the European Communities

C 309 E/145

(2002/C 309 E/168)

WRITTEN QUESTION E-1609/02

by Erik Meijer (GUE/NGL) to the Commission

(5 June 2002)

Subject: Agreement between national governments on acceptance of unlawful State aid to businesses which

consume oil products whose price is rising

1.
Is the Commission still basing its policy on its green paper ‘Towards a European strategy for the
security of energy supply’ of 29 November 2000, in which it expressed the view that ‘attempts to offset
rises in oil prices by lowering taxation should be discouraged’, and does it still believe that ‘fiscal
instruments must be used in a manner compatible with the economic policy guidelines and the
commitments given on budgetary consolidation’?

2.
Does the Commission still aim to bring about a situation in which freight transport charges take
account of the greenhouse effect, and will it introduce a harmonised Community excise duty on diesel for
professional use which exceeds the current average rate of excise on diesel, as it stated its intention of
doing in answer to my questionNoE-2595/01 (1) of 11 September 2001?

3.
Can the Commission confirm that it decided on 14 May 2002 not to appeal to the Court of Justice
of the European Communities against the cuts in diesel excise implemented in Italy, France and the
Netherlands in 2001, although it initially regarded this attempt to compensate road haulage firms for rises
in the price of oil products as unlawful State aid?

Are the national support measures of September 2000 continuing to have an impact, and which of

4.
these measures will remain in force beyond the end of 2002?

If the appropriate ministers of

5.
to
Article 88 of the Treaty (cid:1) each, for different reasons, fearing that their country may be found guilty of
providing unlawful State aid (in the form not only of tax cuts but also of lower insurance contributions, as
in Belgium) (cid:1) is it then impossible for the Commission to appeal to the Court of Justice?

the Member States unanimously adopt a decision pursuant

6.

On what grounds did the Commission decide not to appeal?

7. What precedent does this case set for future State aid by Member States, should they continue, or
once again decide, to assist businesses based within their territory at the expense of their tax revenue? Will
such aid in practice be permitted from now on if all fifteen agree to mutually protect their various national
measures?

Sources: Algemeen Dagblad & De Standaard, 15 May 2002

(1) OJ C 147 E, 20.6.2002, p. 30.

Answer given by Mrs de Palacio on behalf of the Commission

(23 July 2002)

1.
The Commission is basing its energy and transport policy on its Green Paper ‘Towards a European
strategy for the security of energy supply’ of 29 November 2000 (1), and on its White Paper ‘European
transport policy for 2010: time to decide’ of 12 September 2001 (2).

2.
The Commission is working on a methodology on infrastructure tariffs, facilitating a more accurate
tarification procedure. Therein it intends to propose common rules concerning freight transport charges to
cover the costs of using the infrastructure. The costs corresponding to the greenhouse effect and carbon-
dioxide (CO2) emission, however, seem to be better taken into account by the fuel excise duties rather than
by direct, distance-related charges. Furthermore, the Commission intends to present a proposal for a

C 309 E/146

Official Journal of the European Communities

EN

12.12.2002

Council Directive, which will aim at creating a fiscal framework for diesel, used as motor fuel for
professional purposes and approximating excise duties on petrol and diesel. The main line of this proposal
is announced in the White Paper on Common Transport Policy (2).

The Commission confirms that it did not propose the referral to the Court of Justice of the files in

3.
question.

4.
The Council on 12 March 2001, acting on a proposal by the Commission, authorised France, Italy
and the Netherlands to apply until 31 December 2002 differentiated levels of excise duties on diesel used
by commercial vehicles. This Council Decision was without prejudice to Articles 87 and 88 of the EC
Treaty (recital 5), which the Commission later applied in its decision to open formal State aid
investigations concerning the same measures. Beyond 2002, the Commission does not possess any
information as to the continuation of these measures. The Commission understood from the Dutch
notification that this measure will terminate by 1 October 2002.

The Commission will continue assessing State aid measures on its own merit and will decide or not if

5.
a referral of the file to the Court of Justice is considered appropriate.

The Commission, taking into account the political and legal analysis of the situation, decided not to

6.
refer the files to the Court of Justice.

7.
The Commission will continue to examine State aid measures on a case by case basis and assess if
measures can be considered compatible with the EC Treaty or not. The procedure foreseen in the third
subparagraph of Article 88(2) of the EC Treaty is an exceptional means, the Council may revert to at the
request of a Member State in case of exceptional circumstances.

(1) COM(2000) 769 final.
(2) COM(2001) 370 final.

(2002/C 309 E/169)

WRITTEN QUESTION E-1612/02

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(5 June 2002)

Subject: New legal provisions governing technical assistance under

the 3rd Community Support

Framework (CSF)

During the 2nd CSF,
the legal provisions governing technical assistance measures (expert studies,
promotion and publicity campaigns, etc.) allowed projects of a value up to Drs 6 million, including VAT,
to be commissioned directly by decision of a Minister or Secretary-General. Projects with bigger budgets
were subject to invitations to tender.

The new legal provisions (Presidential Decree 4/2002) governing technical assistance under the 3rd CSF,
however, overturn this situation, making only technical assistance projects over EUR 130 000 subject to
public tender, in accordance with Presidential Decrees 394/96 and 346/00, as applicable.

Is the Commission aware of this particular matter and what measures will it take to ensure transparency in
the awarding of contracts?

Answer given by Mr Barnier on behalf of the Commission

(3 July 2002)

In accordance with Council Directive 92/50/EEC of 18 June 1992 relating to the co-ordination of
procedures for the award of public service contracts (1), the amount of EUR 200 000, VAT not included, is
the minimum amount of a contract for the provision of services for which a call for tenders is compulsory.

Since in the case of the national legislation referred to by the Honourable Member, the minimum amount
for a tendering procedure is EUR 130 000, the relevant European legislation is respected.

(1) OJ L 209, 24.7.1992.