WRITTEN QUESTION E-2256/02 by María Sornosa Martínez (PSE) to the Commission. Aid for solar photovoltaic and thermal energy in Spain.
Date: 2002-07-24
Institutions: European Parliament, Provisional data
Subjects: EU aid, Spain, State aid, eligibility criteria, energy policy, energy production, invitation to tender, solar energy, sustainable development

9.10.2003

EN

Official Journal of the European Union

C 242 E/15

Answer given by Mr Patten on behalf of the Commission

(17 September 2002)

1.
The Commission is aware of the construction of the Ralco hydroelectric power station. It also knows
that more than 600 people, including 85 indigenous families, accepted the resettlement plans proposed by
Endesa and that only eight indigenous families did not accept to be relocated.

2.
The draft Association Agreement between the Community and its Member States and the Republic of
Chile contains a general clause concerning the respect of democratic principles and fundamental human
rights (Article 1). This Agreement has not yet been signed by the two parties, though signature is foreseen
during the second semester of 2002.

The reallocation of these eight families is being dealt with by Chilean justice according to the Chilean
3.
Law. Furthermore,
the
Pehuenches families at ‘La Moneda’ on 5 July 2002 and committed himself to find ‘an equitable solution’
to this issue.

the Chilean President, Ricardo Lagos, met

the Commission understands that

The Commission has been informed that the Government is trying to find an equitable solution to
4.
this sensitive matter that respects the rights of the indigenous people and at same time does not jeopardise
investment necessary for promoting the sustainable development of the country as a whole. Therefore, the
Commission believes that there are no reasons justifying a Commission action at this point in time.

(2003/C 242 E/021)

WRITTEN QUESTION E-2256/02

by María Sornosa Martínez (PSE) to the Commission

Subject: Aid for solar photovoltaic and thermal energy in Spain

(24 July 2002)

As part of the Plan de Fomento de Energías Renovables (Plan for the Promotion of Renewable Energy
Sources), the Spanish Ministry of Science and Technology recently published two decisions laying down
the rules governing the granting of support aid for solar photovoltaic and thermal energy and inviting
applications for such aid (Spanish Official Journal No 74).

Point 7 of the section ‘Eligible Projects’ contains a clause stating that no applications will be considered in
the case of investment in installations that harness solar power for heat or electricity when this investment
is a consequence of obligations laid down in laws or regulations emanating from national or European
public administrations.

However, this clause might be discriminatory in cases where, for example, a local council wants to
implement its own local Agenda 21 and issues an order to encourage the setting-up of solar power
facilities. In this scenario, the two decisions issued by the Ministry of Science and Technology would
discriminate against potential promoters of clean energy facilities, who would not be eligible for aid. It
would therefore seem that there is a contradiction between something that the European Union is
promoting and has approved and what is being applied in a Member State, in this case Spain.

It should be borne in mind that:

(cid:1) both the decisions of the Spanish Ministry draw on the guidelines set out in the Renewable Energy

White Paper;

(cid:1) in its Sixth Framework Programme,

the European Union firmly emphasised the promotion of

alternative energies as a means of achieving sustainable development;

(cid:1) the European Union currently has a solid support framework for promoting energies of this type

(Altener, SAVE, the Intelligent Energy for Europe programme, etc.);

(cid:1) the Member States of the European Union have shown their willingness to meet the commitments set

out in the Kyoto Protocol, starting with their ratification of the Protocol en bloc.

C 242 E/16

Official Journal of the European Union

EN

9.10.2003

Does the Commission not feel that the clause contained in the two Spanish decisions on solar energy is in
clear conflict with the above points, which currently define European policy in the field of renewable
energies?

In what way does the Commission consider that the above-mentioned exclusion clause might hinder the
granting of Community aid in the context of ‘laws or regulations emanating from European adminis-
trations’?

Supplementary answer
given by Mr Monti on behalf of the Commission

(25 November 2002)

The Honourable Member asks whether the conditions set by the Spanish Ministry of Science and
Technology for the granting of national state aid are an obstacle to receiving Community aid.

The Community policy on state aid for environmental protection is set out in the relevant Community
guidelines (1). As emphasised in point 32 of the guidelines, investments to promote renewable sources of
energy are deemed equivalent to environmental investments in the absence of mandatory Community
standards and are thus encouraged by the Commission, which accepts the granting of state aid.

However, Community aid cannot be treated in the same way as state aid because it is financed by the
Community budget and not by those of the Member States. Accordingly, the clauses laid down by the
Spanish Ministry of Science and Technology governing national aid cannot be seen as obstacles to the
receipt of Community aid. However, it should be stressed that, where a project simultaneously receives
national aid and Community aid, point 74 of the Community guidelines, which concerns overlapping aid,
applies.

(1) OJ C 37, 3.2.2001.

(2003/C 242 E/022)

WRITTEN QUESTION P-2279/02

by Carles-Alfred Gasòliba i Böhm (ELDR) to the Commission

Subject: Modification of the Spanish Law on personal income tax

(18 July 2002)

The draft act partially reforming personal income tax in Spain (which is governed by Law No 40/1998 of
9 December 1998) was published, along with other tax rules applicable in that country, in the Boletín
Oficial de las Cortes Generales on 5 June 2002. The act is due to become law on 1 January 2003.

Article 77 of the above Law sets out the tax arrangements applicable to Spanish citizens who derive
income from units held in collective investment undertakings, irrespective of whether these are based in
Spain or abroad. The amendment that the Spanish government is seeking to introduce would see tax
benefits being granted to unit-holders who reinvest the units they hold in non-corporate organisations in
other types of unit fund. The tax benefits would not apply to transfers from or to corporate organisations.
Given that the majority of the corporate organisations operating in Spain are foreign organisations, could
this not be construed as the Spanish authorities impeding free competition or imposing some other form
of de facto protectionism?

Do these new provisions comply with the judgment of the Court of Justice of 5 June 1997 in case C-398/
95 (SETTG) and Article 49 of the EC Treaty, which prohibits any restrictions liable to discourage the
activities of service suppliers, irrespective of their nationality?

In any case,
is the Commission aware that the modification which the Spanish authorities intend to
introduce under this reform, as regards the applicable tax treatment of reinvestment by Spanish citizens in