WRITTEN QUESTION E-2768/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Orders placed by Greek Railways (OSE) with Hellenic Shipyards.
Date: 2003-09-16
Institutions: European Parliament, Provisional data
Subjects: Greece, State aid, administrative contract, application of EU law, contract, control of State aid, interpretation of the law, shipbuilding, subcontracting, supplies contract

C 70 E/138

Official Journal of the European Union

EN

20.3.2004

Where the centre of gravity of an alleged infringement is in one Member State, the national competition
authority is often best placed to deal with such allegation. However, even in such cases, provided there is
an effect on trade between Member States, the Commission can decide that it is in the interest of the
Community to launch a Commission investigation into these practices.

For instance, the Commission currently investigates possible infringements of the European competition
rules in the sector of bitumen. This investigation (cid:1) that relates to cartels on national markets, including
the Dutch market (cid:1) concerns the practices of bitumen producers and their main customers, i.e. the road
construction companies.

3.
The NMa is not obliged to notify possible new cartel cases that it is dealing with to the Commission.
At the same time, it is established practice that the NMa informs the Commission about its ongoing cartel
cases that may be of interest to the Commission.

The Commission has not recently issued decisions which would have been initiated on the basis of

4.
information transferred by the Dutch competition authority.

(1) OJ C 11 E, 15.1.2004, p. 81.

(2004/C 70 E/141)

WRITTEN QUESTION E-2768/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(16 September 2003)

Subject: Orders placed by Greek Railways (OSE) with Hellenic Shipyards

According to Greek press reports and official statements, Hellenic Shipyards has announced that it is
unable to honour its contractual obligations within the agreed time limit to supply rolling stock (suburban
carriages, sleeping cars and passenger carriages, etc.) commissioned by Greek Railways on the basis of
programmatic agreements. These agreements which were signed at the end of 1997 and were worth some
GRD 180 billion contained penalty clauses and provided for compensation in case Hellenic Shipyards
failed to meet its obligations.

1. Would a failure of the Greek Railways to invoke the clauses and claim the compensation due from
Hellenic Shipyards in the event of a failure to honour the contracts placed with it on the basis of the
programmatic agreements cause legal problems in the field of competition or state aid?

Despite the fact that the placing of orders under the programmatic agreements between Greek
2.
Railways and Hellenic Shipyards was intended to support domestic industry and production and to support
employment, Hellenic Shipyards subsequently placed a large proportion of such orders (worth some
GRD 103 billion) with foreign companies. Does the Commission consider that the placing of orders with
third parties was in line with the terms of acceptance of the programmatic agreement?

Answer given by Mr. Monti on behalf of the Commission

(4 November 2003)

1. Whether a failure of a public undertaking, such as the Greek Railways Organisation (OSE), to claim
compensation for breach of contractual obligations might constitute a measure which amounts to State aid
under Article 87 of the EC Treaty would depend on a number of factors such as the exact terms of the
agreement; regarding inter alia the deadline for delivery of the rolling stock, the penalty clauses for late
delivery or for non-delivery etc. The Commission does not, at this stage, have sufficient information on
these elements to answer the Honourable Member’s question.

20.3.2004

EN

Official Journal of the European Union

C 70 E/139

it should be underlined that measures taken by public undertakings which result in the
Furthermore,
granting of a financial advantage, must be imputable to the State to be considered as State aid. The fact
that OSE is an undertaking under State control is not, by itself, sufficient for measures taken by that
undertaking to be imputed to the State.

While the information provided by the Honourable Member is not sufficient to conclude on the State aid
relevance of his question, the Commission takes note of the concerns raised therein.

The second question of the Honourable Member does not seem to raise any issue of compatibility
2.
with Community law. By contrast, a clause which excludes the possibility of Hellenic Shipyards to place
orders with foreign companies, might be deemed contrary to Community law.

(2004/C 70 E/142)

WRITTEN QUESTION E-2773/03

by Mogens Camre (UEN) to the Commission

(16 September 2003)

Subject: Rules governing the staffing of emergency call centres in EU countries

During a holiday in Italy a Danish motorist was run into by an Italian lorry on a motorway. Afterwards,
the lorry driver refused to stop on the side of the road and instead drove off. The Danish motorist then
tried to contact the Italian police by dialling 113 but there was no-one who could understand either
English or German. After four calls the motorist in question had to abandon the attempt to contact the
police. The Danish motorist survived this experience without physical injury but things could have been
much worse.

Will the Commission state what rules exist governing the staffing of emergency call centres in the Member
States with persons speaking other languages than that of the country in question? Will it also state
whether it feels it is acceptable that citizens from another EU country cannot make contact with the police
owing to a lack of language skills on the part of the staff at the host country’s emergency call centre?

Answer given by Mr Vitorino on behalf of the Commission

(24 October 2003)

The Commission’s role in the field of police cooperation in the Union is laid down by Article 30 of the
Treaty on European Union, which sets out the areas covered by common action taken by the Member
States. The rules and internal organisation of the emergency services is the sole responsibility of the
Member States. Under Article 33, the Member States are responsible for the maintenance of law and order
and the safeguarding of internal security.

There are no Community rules that govern relations between staff in the emergency services in the
Member States and persons who do not speak the language of the country. Nevertheless, the Commission
feels that if national police officers are familiar with one or more foreign languages so as to handle
contacts with citizens of other countries, that is an important factor in establishing an area of freedom,
security and justice. The Community financing programme, AGIS, has taken this matter into account and
some of its funds are set aside for projects to improve the ability of police forces to meet the challenges of
this new European area. The European Police College (Cepol) is also encouraging language learning in
training of police officers.