WRITTEN QUESTION E-0591/03 by Klaus-Heiner Lehne (PPE-DE) to the Commission. Structural Funds or Cohesion Fund contribution for road building in Spain.
Date: 2003-02-28
Institutions: European Parliament, Provisional data
Subjects: Cohesion Fund, EU financing arrangements, Spain, Structural Funds, common transport policy, motorway, toll

C 242 E/154

Official Journal of the European Union

EN

9.10.2003

of association. However, Article 6 paragraph 2 of the Treaty on European Union (as amended by the Treaty
of Amsterdam) does state that ‘The Union shall respect fundamental rights, as guaranteed by the European
Convention for the Protection of Human Rights and Fundamental Freedoms …’.

It is the Commission’s understanding that the possibility exists to appeal against the ruling of the Bucharest
court. Once domestic avenues of appeal have been exhausted, and since Romania is a party to the
European Convention of Human Rights, the appropriate body to make such an assessment is the European
Court on Human Rights.

The Commission will continue to use the findings of the European Court on Human Rights as one of its
main sources when assessing respect of the Copenhagen accession criteria.

(2003/C 242 E/160)

WRITTEN QUESTION E-0591/03

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(28 February 2003)

Subject: Structural Funds or Cohesion Fund contribution for road building in Spain

A stretch of motorway is currently being built from Malaga to Cadiz in the Spanish province of Andalusia.

Can the Commission answer the following questions:

1.

Is this motorway, which runs parallel to the N-340 coastal road, being co-financed with appropri-
ations from the Structural Funds or the Cohesion Fund?

2. Will tolls also be charged on the co-financed stretches of this motorway?

3.

Is it permitted to charge tolls on co-financed stretches of motorway?

Answer given by Mr Barnier on behalf of the Commission

(4 April 2003)

There is currently a national main road, the N-340, linking Málaga and Cadiz. It splits at Fuengirola where
the more northerly part becomes the A-7 toll motorway and the more southerly part constitutes the
N-340 dual carriageway. They become one again between Marbella and Puerto Banus, where they divide
once more: as far as Guadiaro the higher-level section becomes the A-7 toll motorway and the lower level
part the N-340 main road. At Guadiaro they again join and retain the designation N-340 as far as San
Roque.

Both sections of the A-7 motorway charge tolls. They were not part-financed by Community funds.

The N-340 is toll-free. The section from Guadiaro to San Roque was part-financed by the Cohesion Fund
(85 % contribution to a total cost of just under EUR 40 million).

In any case, the Union may part-finance toll motorways. Such investments are regarded as ‘infrastructures
generating substantial net revenue’ and the rate of the Community contribution is capped and modulated
in accordance with Article 29(4) of Council Regulation (EC) No 1260/1999 (1) in the case of the ERDF and
with Article 7(2) of Council Regulation (EC) No 1164/1994 (2) (as amended by Regulations (EC) Nos 1264/
1999 (3) and 1265/1999 (4)) in the case of the Cohesion Fund.

(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (cid:1)

OJ L 161, 26.6.1999.

(2) Council Regulation (EC) No 1164/1994 of 16 May 1994 establishing a Cohesion Fund (cid:1) OJ L 130, 25.5.1994.
(3) Council Regulation (EC) No 1264/1999 of 21 June 1999 amending Regulation (EC) No 1164/1994 of 16 May

1994 establishing a Cohesion Fund (cid:1) OJ L 161, 26.6.1999.

(4) Council Regulation (EC) No 1265/1999 of 21 June 1999 amending Annex II to Regulation (EC) No 1164/1994 of

16 May 1994 establishing a Cohesion Fund (cid:1) OJ L 161, 26.6.1999.