91997E2213

WRITTEN QUESTION E-2213/97 by Jean-Pierre Bazin (UPE) to the Commission (30 June 1997)

Subject: Harbour dues in EU ports - unfair competition

According to a comparative study of harbour dues, the dues charged by the Belgian port of Zeebrugge are considerably lower (approximately 50% on average) than the European average.

This difference can only be accounted for by the existence of massive state aid or local practices which are not in line with the EU rules.

Can the Commission investigate these practices, which are damaging to ports in the Union, and, if necessary, adopt all requisite measures to re-establish conditions more amenable to fair competition?

Answer given by Mr Kinnock on behalf of the Commission (12 September 1997)

The Commission does not normally monitor tariff practices nor does it aim to harmonize tariffs in the port sector. However, in specific cases, such a matter may be examined in the context of individual complaints.

Low port tariffs do not necessarily mean that these particular ports benefit from state aid. Instead low tariff levels can be due to other factors such as the ports' commercial policy or efficient port management. Each situation has to be examined individually in order to establish whether there is aid involved.

Any aid granted by the state or through public resources which distorts or threatens to distort competition by favouring certain undertakings or the production for certain goods in so far as it affects trade between Member States constitutes state aid within the meaning of Article 92.1 of the EC Treaty. If all of these criteria are met, the Commission is required to establish, following the procedure pursuant to Article 93 of the EC Treaty, whether the aid is compatible with the EC Treaty.

On the basis of the information provided, which is of a general nature without specifying in concrete terms the nature or amount of the possible aid, the Commission does not see scope for further action at this stage. However, if additional information on possible aid elements involved were made available, the Commission would be in a better position to examine the matter in the light of the state aid provisions in the EC Treaty.