WRITTEN QUESTION E-2220/02 by Nuala Ahern (Verts/ALE) to the Commission. Establishment of a Liabilities Management Authority.
Date: 2002-07-23
Institutions: European Parliament, Provisional data
Subjects: State aid, United Kingdom, control of State aid, nuclear industry, public institution

C 137 E/54

Official Journal of the European Union

EN

12.6.2003

problem of trafficking of human beings, notably minors, in Europe. Within the Organisation on Security
and Cooperation in Europe (OSCE) the subject will be remain under scrutiny at the Annual Meeting of
review of Commitments of the Human Dimension, to be held in Warsaw from 9 to 19 September 2002.
The future Dutch Presidency of the OSCE has also announced its intention to organise (probably in spring
2003) a specific seminar covering the different aspects of trafficking of human beings in the OSCE area, in
the framework of the Economic Dimension.

A series of research projects and conferences on unaccompanied minors have been supported by the STOP
In 2002, additional projects are being planned. Between 18-20 September, a European
Programme.
Conference gathering more than 600 participants will also be held in the European Parliament.
The conference is organised by the International Organisation for Migration and funded by the STOP II
Programme. Representatives from the Balkan states will participate and the issue concerning trafficking in
children will be one of the issues at the front of the discussions. Furthermore, under the European
Initiative for Democracy and Human Rights, priority is given to non-governmental organisations’ activities
that aim to combat trafficking in Bosnia & Herzegovina and the Federal Republic of Yugoslavia (1). On that
basis, a call for proposals was launched on 8 August 2002, which refers to the fight against trafficking in
those two countries (2).

The above participation and projects form part of a comprehensive and multidisciplinary policy that the
Commission has developed against trafficking over the past years. This policy builds on in particular three
parts, namely development of protection and assistance to victims, development of prevention policies and
the development of criminal law as well as law enforcement and judicial co-operation. Furthermore, the
policy is based on the view that trafficking in human beings involves serious violations of human rights as
underlined by the European Union Charter on Fundamental Rights.

In addition, with the support of Greece, Germany and Italy, the Albanians established last year a centre for
anti trafficking in Vlore. The centre’s aim is to counter act all types of trafficking including that of human
beings.

In parallel to this specific initiatives certain programmes in the area of employment and social affairs also
provide support to transnational projects and contribute to a better comprehension as regards the issue of
trafficking of human beings, in particular the programme related to the Community framework strategy on
gender equality 2001-2005 and the Community initiative Equal. Within this context the Commission
intends to organise on 5/6 December 2002 in Syracuse (Italy) a European conference aiming in particular
in highlighting new initiatives undertaken at European level and enabling the exchange of good practice.

(1) Commission Staff Working Document on the European Initiative for Democracy and Human Rights adopted on

20 December 2001 and available on the following website:
http://europa.eu.int/comm/external_relations/human_rights/doc/eidhr02_04.pdf.

(2) See information provided on the following website:

http://europa.eu.int/comm/europeaid/projects/eidhr/cfp-general-2002_en.htm.

(2003/C 137 E/061)

WRITTEN QUESTION E-2220/02

by Nuala Ahern (Verts/ALE) to the Commission

(23 July 2002)

Subject: Establishment of a Liabilities Management Authority

What discussions have taken place with United Kingdom authorities on implications for state aid to British
Nuclear Fuels plc (BNFL) in connection with its Department of Trade And Industry’s proposals to create a
Liabilities Management Authority (LMA), as set out
[Cm 5552]
published on 4 July 2002?

in ‘Managing the Nuclear Legacy’,

12.6.2003

EN

Official Journal of the European Union

C 137 E/55

Answer given by Mr Monti on behalf of the Commission

(16 September 2002)

Concerning the discussions with the United Kingdom relating to state aid for British Nuclear Fuels the
Honourable Member is referring to, a meeting with the Commission took place in November 2001.
However, this discussion was not based on documentary support and did not lead to any conclusions.

(2003/C 137 E/062)

WRITTEN QUESTION E-2231/02

by Charles Tannock (PPE-DE) to the Commission

(23 July 2002)

Subject: Rules governing the provision and withdrawal of state aid, with particular

reference to

Mecklenburger Metallguss

In its answer to Written Question E-1253/02 (1), the Commission briefly outlined the justification for
allowing Member States to grant aid for the rescuing and restructuring of companies. The Commission
states that ‘the aid should not distort competition in the market’, adding that the restructuring of the
German company Mecklenburger Metallguss ‘was, at the time, not considered to create undue distortions
of competition’ and that the Commission was not in possession of any information indicating that
Mecklenburger Metallguss might have received any aid other than that approved in the 1999 decision.

Regarding challenges to a Commission Decision to authorise state aid, the Commission confirms that an
interested party must challenge the decision within two months, adding that the Commission has the
power to revoke its own decision ‘where the decision was based on incorrect information that was
provided during the procedure and that was a determining factor in the decision.’

Is this the only basis on which the Commission can revoke its own decision, or is the Commission entitled
to take into account any distorting effect on competition that may have taken place following the
provision of state aid, even if the original Commission Decision to authorise the aid was reasonable at the
time and based on correct information? Does not the Commission believe that it should have this power if
the principle that ‘the aid should not distort competition in the market’ referred to above is to be
maintained and that absence of such discretionary power may run the risk of actually distorting
competition, given that the Commission is not in a position to be sure of the effect which an authorisation
of state aid will have in any particular economic sector over a period of time? Does the Commission
believe that the requirement that an interested party must challenge the Commission’s Decision within two
months is reasonable, does it inform all interested parties of its decision at the time it is announced, and
does it allow any interested parties wishing to challenge a Commission Decision access to all the principal
relevant facts available to the Commission when that decision is made?

Even if a Commission Decision can be challenged only within two months under Article 230 of the EC
Treaty, does the Commission accept that a market distortion which only arose later, if uncorrected by the
Commission, would be in breach of the Treaties and liable to challenge under Article 232 of the EC Treaty?

(1) OJ C 92 E, 17.4.2003, p. 43.

Answer given by Mr Monti on behalf of the Commission

(16 September 2002)

According to the Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for
the application of Article 93 of the EC Treaty (1) there are three ways to revise a Commission decision
approving an individual aid measure:

(i) where the decision was based on incorrect information provided during the procedure which was a

determining factor for the decision, the original decision can be revoked,