WRITTEN QUESTION P-2461/03 by Antonios Trakatellis (PPE-DE) to the Commission. Approval of funding and construction of the Thessaloniki underground project.
Date: 2003-07-16
Institutions: European Parliament, Provisional data
Subjects: Greece, State aid, Structural Funds, aid system, financing method, financing plan, public contract, underground railway

C 51 E/250

Official Journal of the European Union

EN

26.2.2004

In the case of the Waddenzee it is primarily another problem which is at stake, namely the apparently
incorrect implementation of Article 6 of the Habitats Directive in the Netherlands’ Nature Conservancy
Act, the Key Planning Decision on the Waddenzee and hence the procedure for obtaining authorisation of
activities in designated areas, including the Waddenzee.

What is the status of this problem between the Netherlands and the Commission? This is very important,
as the Netherlands Government policy accord between the coalition parties states that consideration is
being given to drilling for gas in the Waddenzee.

Answer given by Mrs Wallström on behalf of the Commission

(12 September 2003)

The issue of the implementation of Council Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (1) (the ‘Habitats Directive’) in the Netherlands is the subject of
an ongoing infringement procedure. The procedure regards, inter alia, the failure of the Netherlands to
provide for an adequate protection of Natura 2000 sites.

The Commission decided on 17 December 2002 to take the case to the Court of Justice (2).

For the case relating to the Key Planning Decision on the Wadden Sea, the Commission kindly invites the
Honourable Member to refer to the answer given by the Commission to the Written Question No P-2375/
03 by Mr Alexander de Roo (3), concerning Eider Ducks threatened by the cockle-fishing industry in the
Wadden Sea.

(1) OJ L 206, 22.7.1992.
(2)
see press release IP/02/1923.
(3) OJ C 33 E, 6.2.2004, p. 256.

(2004/C 51 E/272)

WRITTEN QUESTION P-2461/03

by Antonios Trakatellis (PPE-DE) to the Commission

(16 July 2003)

Subject: Approval of funding and construction of the Thessaloniki underground project

According to the Commission’s answer to my previous question on the Thessaloniki underground
(H-0824/02 (1)), the Greek authorities have notified it that their negotiations with the contractor and the
banks to finalise the project have been concluded, that the parties concerned have agreed on an amended
text of the concession contract as regards the construction of the Thessaloniki underground and that they
have submitted the agreed text to the Commission. On 30 April 2003 the Commission came to a decision
on the basis of the information which it had at its disposal and after a thorough investigation that there
was no indication that the contract violated Community legislation.

Why is approval of the funding of the project by the Commission being delayed? What are the reasons for
the delay in the approval and commencement of the project, given that negotiations on funding through a
loan from the contractor, the European Investment Bank (EIB), and the commercial banks have been
completed and that 11 years have now elapsed since an invitation to tender was issued for the
construction of the project with co-funding from Community funds?

(1) Written answer of 17.12.2002.

26.2.2004

EN

Official Journal of the European Union

C 51 E/251

Answer given by Mr Barnier on behalf of the Commission

(22 August 2003)

The Commission has not at this stage received a formal application from the Greek authorities to confirm
the level of assistance of the Structural Funds to the project mentioned by the Honourable Member.

As the Honourable Member has noted, the Commission decided on 30 April 2003 that the public
procurement procedure leading up to the award of the Concession contract for the Thessaloniki metro had
not violated Community rules on public procurement. This decision was however without prejudice to
other aspects of Community law, such as the rules on State aid.

Subsequently, on 4 June 2003,
the Greek Authorities notified to the Commission, according to
Article 88(3) of the EC Treaty on State aids, the financial arrangements relating to the concession contract
for the Thessaloniki Metro.

The Commission is currently examining these arrangements on the basis of
the
Community on State aids, and a Commission decision with regard to Community funding for the project
will be dependent on the outcome of this examination.

the legislation of

(2004/C 51 E/273)

WRITTEN QUESTION E-2474/03

by Ingo Friedrich (PPE-DE) to the Commission

(24 July 2003)

Subject: Free internal market

Coin collectors and dealers in Greece and Italy, France and Spain are treated like gunrunners. The free
internal market has not yet reached this segment. Acting at national level, individual Member States are
seeking US approval for import restrictions.

Is the Commission aware of this situation? What action is the Internal Market Directorate-General taking
to guarantee the free movement of goods in relation to antique coins? When will this be achieved? Can
individual Member States agree import restrictions with third countries? Does Council Regulation (EEC)
No 3911/92 (1) of 9 December 1992 on the export of cultural goods apply in this area?

(1) OJ L 395, 31.12.1992, p. 1.

Answer given by Mr Bolkestein on behalf of the Commission

(15 September 2003)

The Commission has taken note of the situation mentioned by the Honourable Member.

As the guardian of the Treaties, the Commission ensures that the rules are adhered to, including, therefore,
Articles 28 and 29 which establish the principle of the free movement of goods.

Works of art in general, including antique coins, are goods which fall within the scope of Articles 28 and
29 of the EC Treaty.

However, in the absence of harmonising rules, the Treaty allows the Member States to retain the right to
protect their artistic, historical or archaeological heritage. This is the reason why Article 30 provides for an
exception to the free movement of goods based on the protection of national treasures, and thus
recognises that Member States have the right to impose limits or bans on cultural goods leaving the
national territory when the Member State has decided that these objects form part of its protected cultural
heritage.