WRITTEN QUESTION No. 3519/98 by Amedeo AMADEO to the Commission. Monitoring of State aid
C 142/142 Official Journal of the European Communities EN 21. 5. 1999 (1999/C 142/187) WRITTEN QUESTION E-3518/98 by Amedeo Amadeo (NI) to the Commission (25 November 1998) Subject: Monitoring of State aid The proposal for a Council Regulation (EC) laying down detailed rules for the application of Article 93 of the EC Treaty (COM(98) 0073 final − 98(0060 CNS) (1) rationalises a number of procedures and principles laid down in the case-law of the Court of Justice by giving them an organised structure. The task of coordinating Community action in the field of competition in a legal framework must be continued so that in the next few years greater legal certainty in this field will be achieved. The scope of that regulation must be extended to cover in addition fiscal measures causing distortions of competition between the Member States. Can the Commission therefore assess whether it would be appropriate to make public the notifications by the Member States of new aid, if only in summary form? (1) OJ C 116, 16. 4. 1998, p. 13. (1999/C 142/188) WRITTEN QUESTION E-3519/98 by Amedeo Amadeo (NI) to the Commission (25 November 1998) Subject: Monitoring of State aid With reference to the proposal for a Council Regulation (EC) laying down detailed rules for the application of Article 93 of the EC Treaty (COM(98) 0073 final − 98(0060 CNS) (1), it should be pointed out with regard to the rights of third parties in general there is no provision in this proposal authorising the Commission to publish the notification of a specific aid or to provide basic information on the aid granted. Given that the lack of such a provision adversely affects transparency and infringes the rights of third parties, can the Commission take urgent action in this respect? (1) OJ C 116, 16. 4. 1998, p. 13. Joint answer to Written Questions E-3517/98, E-3518/98 and E-3519/98 given by Mr Van Miert on behalf of the Commission (15 December 1998) The Commission welcomes the support given by the Honourable Member for its proposal for a Regulation on aid procedures, which is aimed at increasing transparency and legal certainty and making control more efficient. Articles 11 and 14 are indeed important tools for making control more efficient, especially as regards unlawful aid. Where unlawful aid is also incompatible with the common market, the Regulation lays down the principle that the Commission must require its recovery. The Member State must then effect recovery without delay, in accordance with the procedures of national law, provided, however, that they allow the immediate and effective execution of the Commission’s decision. In addition, the Member State is required to take all necessary measures, even provisional ones, to achieve that end. The Commission will ensure that recovery is not delayed by time-wasting procedures and will use the means at its disposal, including actions before the Court of Justice, to enforce compliance with its decisions