WRITTEN QUESTION E-1998/03 by Konstantinos Hatzidakis (PPE-DE) to the Commission. Penalty clauses relating to access roads in the concessionary agreement concerning Eleftherios Venizelos Airport, Athens.
Date: 2003-06-16
Institutions: European Parliament, Provisional data
Subjects: Cohesion Fund, European Commission, Greece, airport, contract terms, powers of the institutions (EU), service concession

C 33 E/196

Official Journal of the European Union

EN

6.2.2004

Do the studies for modernising the suburban rail network provide for any sections of the line to run
underground or for any other works to prevent the city being divided into two? If not, how will the
Commission intervene to resolve this problem in an environment-friendly manner?

Answer given by Mr Barnier on behalf of the Commission

(29 July 2003)

As far as major infrastructure projects (cid:1) such as the modernisation of a railway section (cid:1) are concerned,
it is up to the Member State to design the project, and to ensure that an appropriate balance is found
between economic, societal and environmental considerations, and see to the respect of applicable
regulatory requirements.

According to information made available to the Commission, in the case of the railway corridor between
Piraeus and ‘Three bridges’ mentioned by the Honourable Member, it is indeed planned to increase the
number of tracks from currently two/three (according to the location) to four. This, however, will be
achieved largely by a better utilisation of the already available space within the existing corridor of the
section. Therefore, in as far as the width of this section of the suburban railway is concerned, there should
be no substantial difference between the current and the future situation.

The project in question, which concerns the modernisation of a short-distance railway line, may fall within
the scope of Council Directive 85/337/EEC of 27 June 1985, on the assessment of the effects of certain
public and private projects on the environment (1), as amended by Council Directive 97/11/EC of 3 March
1997 (2). Annexe II.13 of the Directive refers to any change or extension of projects listed in Annex I or
Annex II, already authorised, executed or in the process of being executed, which may have significant
adverse effects on the environment. According to Article 4(2), Member States are not obliged to submit
projects listed in Annex II to an environmental impact assessment. In this particular case, it appears that
the nature and the size of the project are not likely to have significant adverse effects on the environment.
Nevertheless, the assessment of the significance of the project’s effects rests primarily with the national
authorities.

The project for the modernisation of this particular section has not been proposed for co-funding by the
Union; the Commission will therefore not intervene with the Greek authorities.

(1) OJ L 175, 5.7.1985.
(2) OJ L 73, 14.3.1997.

(2004/C 33 E/199)

WRITTEN QUESTION E-1998/03

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(16 June 2003)

Subject: Penalty clauses relating to access roads in the concessionary agreement concerning Eleftherios

Venizelos Airport, Athens

Athens’ new airport, Eleftherios Venizelos at Spata, was built under a concessionary agreement concluded
between the Greek authorities and the Hochtief consortium in July 1995; the project was completed in
March 2001. The EU contributed some EUR 250 million to the project, representing approximately 11 %
of the total cost. The concessionary agreement provides for payment of compensation by the Greek
authorities to the contractor in the event of the access roads to the airport not being completed on time.

In particular, there is provision for the payment of:

(cid:1) EUR 35 000 per day for each day’s delay in opening the Stavros-Elefsina section of the Attica

motorway, to be applied immediately once the airport has become operational, and

(cid:1) EUR 25 000 per day for each day’s delay in opening the western ring-road (Avenue Ymittou), to be

applied 12 months after the airport has become operational.

6.2.2004

EN

Official Journal of the European Union

C 33 E/197

To date, only part of the Stavros-Elefsina section has been opened, while the western ring-road at Avenue
Ymittou is expected to open in the autumn of 2003, some 30 months after the airport became
operational.

Has the Commission been monitoring the operation of

1.
compliance by the contracting parties with their obligations since the completion of the project?

the Eleftherios Venizelos airport and

Is there provision for a post-project evaluation by the Commission and, if so, when is it expected to

2.
be carried out?

Under what conditions are the penalty clauses activated? Has the contractor claimed compensation

3.
from the Greek authorities for failure to complete the access roads on time?

Answer given by Mr Barnier on behalf of the Commission

(31 July 2003)

Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (1) does not assign any
competence to the Commission to monitor the operation of a project once completed. During the
operation of the airport, the Commission would intervene only if it had evidence of failure to comply with
European Union legislation. The Commission does not have any such evidence at present.

The question of compliance with the contract between Greece and the concessionaire (penalty clauses,
compensation, etc.) does not fall within the Commission’s remit. Nevertheless, the national authorities have
informed the Commission that no procedure has been launched by the concessionaire to activate penalty
clauses.

The Commission intends to carry out an ex-post evaluation of the projects part-financed by the Cohesion
Fund as provided for in the regulations. A report on that evaluation will be ready mid-2004 and will be
made available to Parliament.

(1) OJ L 130, 25.5.1994.

(2004/C 33 E/200)

WRITTEN QUESTION P-2008/03

by Marianne Thyssen (PPE-DE) to the Commission

(11 June 2003)

Subject: Fowl-pest crisis in Belgium (cid:1) compensation for the damage caused to the poultry sector

In late May, the European Standing Committee on the Food Chain and Animal Health held a further
meeting in order to discuss the fowl-pest situation in a number of European countries. The Committee
decided, inter alia, to relax even further the measures taken to combat fowl pest in Belgium.

The Belgian Government decided to compensate the poultry farmers affected for (some of) the damage
which they had suffered. However, it cannot be denied that the fowl-pest crisis is causing heavy losses for
every section of the poultry sector. The crisis has resulted in heavy financial losses for the animal feed
industry, hatcheries, poultry slaughterhouses, poultry-cutting plants, poultry wholesalers and the exporting
firms in the sector. However, there is, unfortunately, no provision for them to receive any financial
compensation.

Given the importance of the Belgian poultry sector for the Belgian economy and for employment, is the
Commission considering paying compensation to operators in the sector other than poultry farmers? If so,
for what amount? Would there be any objection to the Federal Government and/or Regional Governments
in Belgium giving financial support to the operators in the sector other than poultry farmers who have
suffered losses?