WRITTEN QUESTION E-3041/02 by Paulo Casaca (PSE) to the Commission. Proceedings taken out by the Commission at the Court of Justice concerning conditions of public service in the Azores.
Date: 2002-10-24
Institutions: European Parliament, Provisional data
Subjects: Azores, Portugal, charges for use of infrastructure, freedom to provide services, infringement procedure (EU), maritime cabotage, maritime transport, national implementing measure, port administration, public service

3.7.2003

EN

Official Journal of the European Union

C 155 E/77

(2003/C 155 E/087)

WRITTEN QUESTION E-3041/02

by Paulo Casaca (PSE) to the Commission

(24 October 2002)

Subject: Proceedings taken out by the Commission at the Court of Justice concerning conditions of public

service in the Azores

On 12 October 2002, the newspaper ‘Correio dos Açores’ reported that the Commission had decided to
take Portugal to the Court of Justice on the grounds, inter alia, that it does not accept the obligation to
provide public services for at least five islands in the Azores, at identical prices, placed on the cabotage
enterprises operating between the Azores and the mainland.

Despite repeated telephone calls on 14 October, DG Transport has so far proved incapable of either
confirming or denying this information.

Given these circumstances, can the Commission state whether:

(cid:1) it has drawn up any kind of study of the consequences, in terms of prices, regularity and reliability, of
market liberalisation for the transport of goods to the smaller and more remote islands of the Azores?

(cid:1) it has obtained proof, from such studies or by any other means, that it will be fulfilling its obligations
regarding territorial cohesion under Article 16 of the Treaty should it demand an end to public service
obligations for the smaller and more remote islands of the Azores?

(cid:1) it can explain on what grounds, having, in its answer of 8 June 2001 to question E-1196/01 by the
author of the present question (1), refused to take a position on the subject of compliance with public
service legislation in the case of the Portuguese islands, arguing that this is a matter for the national
authorities, it now appears to be acting in the opposite sense?

(1) OJ C 318 E, 13.11.2001, p. 222.

Answer given by Mrs de Palacio on behalf of the Commission

(11 December 2002)

The information published in the ‘Correio dos Açores’ is incorrect.

An infringement procedure has indeed been started against Portuguese decree-law No 194/98 of 10 July
1998 on maritime cabotage. On 26 July 2001, the Commission sent a reasoned opinion to the Portuguese
authorities inviting them to amend the text to bring it into line with Council Regulation (EEC) No 3577/92
of 7 December 1992 applying the principle of freedom to provide services to maritime transport within
Member States (maritime cabotage) (1).

However, as the Portuguese authorities have committed themselves to revising the text in question, the
Commission has not as yet decided to submit the matter to the Court of Justice.

The Commission would like to emphasise the importance it attaches to maritime public service.

Under the maritime cabotage Regulation, Member States may impose public service obligations to ensure
sufficient regular transport services to and from islands. However, the Regulation requires Member States
to do so on a non-discriminatory basis in respect of all Community shipowners.

The difference of opinion between the Commission and the Portuguese authorities is not about the
principle of public service (the Commission recognises the need to ensure adequate services to the islands
in the Azores Archipelago) but about the method of its application. There was therefore no need for a
Community study.

The Commission’s answer to Written Question E-1196/01 of 8 June 2001 by the Honourable Member, on
indicated that the national
the subject of the application of Decree-Law 194/98 to maritime tariffs,

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3.7.2003

authorities (cid:1) and not the Commission (cid:1) are responsible for ensuring conformity with national law. The
question of the incorrect application of the decree-law is a separate matter from its conformity or lack of it
with Community law which is the subject of the infringement procedure.

(1) OJ L 364, 12.12.1992.

(2003/C 155 E/088)

WRITTEN QUESTION E-3042/02

by Paulo Casaca (PSE) to the Commission

(24 October 2002)

Subject: Regularisation of past situations in Portugal

According to press reports, it is estimated that in Portugal in 2002 an amount in public expenditure
corresponding to 3 % of GDP has been excluded from the budget, on the grounds that this is expenditure
intended to regularise past situations and does not concern the 2002 budget year.

Can the Commission confirm whether this is the case? Can it confirm whether this practice is consistent
with the accumulation of deferred payments by a number of state organs over 2002?

(2003/C 155 E/089)

WRITTEN QUESTION E-3043/02

by Paulo Casaca (PSE) to the Commission

(24 October 2002)

Subject: Definition of extra-budgetary public sector deficit

On 10 October 2002, the newspaper ‘Público’ reported that the deficit of the Portuguese Ministry of
Education was EUR 312 million in 2002, and that the Minister of Education had stated:

We shall be spending more than the amount which appeared in the supplementary budget. Despite a
number of measures taken to combat the deficit, it has continued to increase at a considerable rate.

The Ministry of Education is not the only one to have spoken of an extra-budgetary deficit, but it is the
first where that notion has been validated by the Minister himself.

Can the Commission explain how it takes account of this kind of ‘sectoral deficit’ in its definition of the
deficit of the public administrative sector, and, at all events, supply a reasoned answer based on the
existing national accountancy standards?

(2003/C 155 E/090)

WRITTEN QUESTION E-3044/02

by Paulo Casaca (PSE) to the Commission

(24 October 2002)

Subject: Extra-budgetary expenditure in the Portuguese budget for 2003

The newspaper ‘Diário Económico’ reported on 15 October 2002 that the budget deficit forecast for the
public administrative sector in the Portuguese budget for 2003 is 3 % of GDP, and not 2,4 % (the figure
stated in the budget report and hitherto always cited).

The same newspaper stated that the Secretary of State for the Budget has confirmed the above, justifying
his position on the grounds that this additional expenditure of EUR 754 million, which is not mentioned
in the official budget report, corresponds to spending which will only take place if the state receives
extraordinary revenues which are not provided for in the budget.