WRITTEN QUESTION E-0300/04 by Roberto Bigliardo (UEN) to the Commission. Financing for the new Athens airport.
Date: 2004-02-06
Institutions: European Parliament, Provisional data
Subjects: Cohesion Fund, EU financing arrangements, Greece, airport, charges for use of infrastructure, complaint to the Commission, public institution, restriction on competition, works contract

C 84 E/768

Official Journal of the European Union

EN

3.4.2004

Answer given by Mrs Wallström on behalf of the Commission

(16 March 2004)

The Commission is not aware of the specific studies referred to by the Honourable Member. However, the
Commission has received extensive information in the context of the ongoing discussion/reflections on the
Spanish Hydrological Plan, concerning the efficacy and decreasing costs of desalination techniques. The
thrust of much of this information is that the most recent advances in desalination technology enable the
production of water with lower financial and environmental costs than other water supply alternatives.

The information on the potential of desalination will be taken into account by the Commission in the
context of future decisions relating to the requests for Community funding (structural funds and cohesion
fund) recently submitted by the Spanish authorities in relation to the proposed Ebro transfer.

(2004/C 84 E/0864)

WRITTEN QUESTION E-0300/04

by Roberto Bigliardo (UEN) to the Commission

(6 February 2004)

Subject: Financing for the new Athens airport

By decision E(96) 1356 of 23 May 1996 the Commission granted the company AIA SA funding of
EUR 250 million to build the new Athens airport at Spata.

The company subsequently (on 14 June 1996) signed a contract for the airport project with Hochtief AG,
formerly called Gebr. Helfmann of Essen (Germany), for a sum of EUR 1,8 billion. In its turn this company
set up a branch in Athens which is not entered on the register of limited companies. Hochtief has
concluded a whole series of contracts with other firms in order to sub-contract the construction work.

Hochtief has a 45 % share in AIA SA, the Greek State 55 %, although Hochtief controls the board of
directors with 5 out of 9 directors. The Commission’s decision E (96) 1356 named AIA SA as the entity
responsible for carrying out the project. According to Article 12.2.6. of Greek Law No 2338/95, AIA SA
cannot be considered as a body governed by public law, and Article 10 of Regulation No 1164/94 (1) states
that funding may be granted only to bodies governed by public law.

Spat airport has also set extremely high airport taxes, because of its dominant position in air traffic to and
from Greece. This prompted a number of passengers to lodge complaints with the Commission in July
2002.

Can the Commission say how it justifies granting the funding directly to a limited company rather

1.
than to a body governed by public law?

2. Why it has not yet responded to the complaints concerning the high airport taxes charged by Spata
airport?

3. Which of the two companies (cid:1) Hochtief AG or Hellas SA (cid:1) issued the invoice for the payment of
EUR 1,8 billion to the company AIA, which was subsequently submitted to the Commission to justify the
funding of EUR 250 million?

(1) OJ L 130, 25.5.1994, p. 1.

Supplementary answer
given by Mr Fischler on behalf of the Commission

(29 April 2004)

1.
The company Athens International Airport (AIA) Ltd is the airport concession-holder for a period of
30 years. Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund, which was
in force at the date of the Commission decision, does not restrict the legal status of the implementing body

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Official Journal of the European Union

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to the public sector. A private-law entity is entitled to receive Community assistance from the
Cohesion Fund. In partnerships between the public and private sectors, the implementing bodies are
generally private-law companies.

The Commission has received a complaint relating to the compliance with Community competition
2.
law of the airport’s development and commercial operation. The complaint is in two main parts. The first
concerns the Greek Government’s imposition of an airport tax and its decision to grant exclusive rights to
the airport operator. The second relates to the charges payable in return for certain airport services.

On 22 May 2003 the Commission decided to close the first part of the complaint, i.e. that relating to
action taken by the Greek Government. The Commission is currently continuing to investigate the airport
charges, with a view to responding to the complainant regarding the second part of the complaint.

The company AIA Ltd has received the monthly invoices from the Greek firm (distinct from Hochtief
3.
Hellas) representing Hochtief AG, as well as the invoices from the Greek firms representing the
constructors’ consortium.

(2004/C 84 E/0865)

WRITTEN QUESTION E-0309/04

by Miet Smet (PPE-DE) to the Commission

(6 February 2004)

Subject: Extension of TAEIX’s area of activity to the Western Balkans

The Technical Assistance Information Exchange Office (TAIEX) was set up to provide targeted technical
assistance to applicant countries in the area of the Community acquis. The Commission communication of
21 May 2003 (1) proposed that its services also be provided in future to the countries of the Western
Balkans.

Have further decisions already been taken regarding the extension of TAIEX services or similar assistance
to the countries of the Western Balkans?

What implementing provisions have been established?

What funding is being made available for services provided to Balkan countries?

How is this being carried out in practice?

To what extent are the new Member States involved (sharing experience, expertise, etc.)?

(1) COM(2003) 285.

Answer given by Mr Patten on behalf of the Commission

(17 March 2004)

The Thessaloniki Agenda, endorsed i.a. by the Heads of State or Government of the Member States and of
the Western Balkans countries at the EU-Western Balkans Summit held in Thessaloniki on 21 June 2003,
states that:

SAP countries will become eligible for technical assistance by TAIEX, including for monitoring the
compatibility of national legislations of SAP countries with the Community acquis. This technical
assistance will be delivered through activities adapted to their
specific needs and level of
rapprochement to the EU.