WRITTEN QUESTION No. 1094/99 by Jonas SJÖSTEDT Exemption from Article 92 of the Treaty
C 370/164 Official Journal of the European Communities EN 21. 12. 1999 fund for small and medium-sized enterprises has not yet been paid. This operation will be de-programmed at the next Monitoring Committee meeting. In the case of the assistance towards factory premises, the Group of Communes of the Sambre Valley has qualified for a grant of FRF 1,6 million within a volume of FRF 7,87 million. The Group can keep this funding, in the hope that a new tenant will be found. On a more general note, the regulations currently in preparation for the new programming period (2000-06) will take account of this issue of business relocations, so as to improve the rules on regional assistance. The new provisions, which will include in particular a minimum-stay clause for investments, will aim to concentrate budget resources in employment blackspots while avoiding competition and grant escalation between different areas. (1999/C 370/232) WRITTEN QUESTION P-1094/99 by Jonas Sjöstedt (GUE/NGL) to the Commission (15 April 1999) Subject: Exemption from Article 92 of the Treaty The European Council’s agreement on the Financial Perspective includes two separate forms of aid for Northern Sweden. Some areas are covered by Objective 1 (formerly Objective 6). Other, coastal areas are to receive separate aid. Does this arrangement mean that both types of area will be exempt from EU rules on State aid pursuant to Article 92 of the Treaty? Answer given by Mrs Wulf-Mathies on behalf of the Commission (7 May 1999) No region in the Community is ‘exempt’ from Community rules on state aid. Even regions covered by the derogation in Article 87(3) of the EC Treaty (ex Article 92(3)) are subject to Community state aid rules. The conclusions of the Berlin European Council (in line with the draft general regulation for the structural funds proposed by the Commission) mention three criteria for eligibility under objective 1 of the structural funds. Only those NUTS II regions which meet the first of these criteria, i. e. which have a GDP per capita below 75 % of the Community average, are automatically eligible for regional aid under Article 92, 3a EC Treaty, which uses the same criterion. The other objective 1 regions, including those in the north of Sweden, can become eligible for regional aid under Article 92,3c EC Treaty if the Member State includes them in the list of assisted areas it proposes to the Commission. Two provisions (paras. 3. 10. 4 and 3. 1. 5) of the regional aid guidelines (1) are particularly relevant for the northern Swedish regions. On the one hand, all NUTS III regions with a population density below 12,5 inhabitants per square kilometre can become eligible under Article 92. 3c EC Treaty. On the other hand, all regions which are eligible for structural funds assistance can also qualify for assistance under the same article if certain conditions concerning the definition of the area are met (para. 3. 10. 3 of the regional aid guidelines). (1) OJ C 74, 10. 3. 1998