WRITTEN QUESTION E-0340/03 by Elmar Brok (PPE-DE) to the Commission. Aid C 67/2002 (formerly E 47/2001) — state aid to manufacturers of grain spirit.
Date: 2003-02-10
Institutions: European Parliament, Provisional data
Subjects: Germany, State aid, beverage industry, monetary compensatory amount, restriction on competition, spirits

15.1.2004

EN

Official Journal of the European Union

C 11 E/83

The Commission considered that the 90 % guarantee constituted State aid in the sense of Article 87(1) of
the EC Treaty and had to be assessed as ad hoc aid under Article 87(3)(c) of the EC Treaty and the
Community Guidelines on State aid for rescuing and restructuring firms in difficulty. Under these
Guidelines, the Commission approves rescue aid as one-off support to an ailing firm during the period
needed to devise a restructuring or a liquidation plan. The aid must consist of liquidity help at market
conditions and must be the strict minimum to keep the firm in business during a maximum period of six
months.

Since the rescue aid for Grundig fulfilled the conditions set out in these Guidelines, the Commission
authorised the guarantee for the period requested by Germany. At the same time, Germany committed to
notify a restructuring plan or liquidation plan to the Commission or proof that the loan has been
reimbursed, the latest six months after approval of the rescue aid. Until this notification, the Commission
does not have the information requested by the Honourable Member.

(2004/C 11 E/087)

WRITTEN QUESTION E-0340/03

by Elmar Brok (PPE-DE) to the Commission

(10 February 2003)

Subject: Aid C 67/2002 (formerly E 47/2001) (cid:1) state aid to manufacturers of grain spirit

Since their exit
from the spirit monopoly, commercial distilleries have ceased production. The
compensatory amounts paid by Germany for early exit from the monopoly are to be classified not as aid
but as compensation.

Why does the Commission nevertheless take the view that that these compensatory payments constitute
aid which distorts competition?

Answer given by Mr Monti on behalf of the Commission

(24 March 2003)

In the context of the investigation which it has launched following the start of the procedure relating to
the state aid granted to grain spirit distillers (farmers and industrial distillers) in Germany, the Commission
has raised the issue of whether the payments made to industrial distilleries by way of compensation for
their early exit from the monopoly can be classed as state aid incompatible with the common market.

As this matter is still under investigation, the Commission has not taken any decision so far regarding the
status or anticompetitive nature of the compensatory payments.

(2004/C 11 E/088)

WRITTEN QUESTION P-0349/03

by Herman Vermeer (ELDR) to the Commission

(6 February 2003)

Subject: Possible conflict between sustainability policy in the terms of reference of producers’ organisations

and competition rules

(The NMA (Nederlandse Mededingingsautoriteit (cid:1) Netherlands Competition Authority) has imposed fines
on producers’ organisations in the shrimp fishing industry in the Netherlands (Case 2269) because of
mutual agreements in the framework of
trilateral cooperation with German and Danish producers’
organisations, for which the Commission granted subsidies in 2002, whereas the German and Danish
organisations have not been fined in their respective countries. This is the background to this Written
Question.)