91997E3245

WRITTEN QUESTION E-3245/97 by Rijk van Dam (I-EDN), Frits Castricum (PSE) and Georg Jarzembowski (PPE) to the Commission (20 October 1997)

Subject: Guidelines for state aid to ports

In its communication, 'The Development of Short Sea Shipping in Europe: Prospects and Challenges', of 5 July 1995, the Commission envisages 'the establishment of guidelines on how to apply the State aid provisions of the Treaty to the port sector'.

1. Two years on from the publication of the communication, can the Commission say when it will be presenting the guidelines on State aid to ports?

2. How does the Commission check whether the Member States' State aid to ports accords with the provisions of the Treaty?

Answer given by Mr Kinnock on behalf of the Commission (15 December 1997)

1. The Commission's recent green paper ((COM(97) 678 final. )) on ports and maritime infrastructure, which will address a number of issues relevant to the port sector with emphasis on public financing of infrastructure and state aid. The issuing of state aid guidelines for the port sector will, to a large extent, depend on the outcome of discussions with the other Community institutions, Member States, Parliament and other interested parties following the publication of the green paper.

2. The examination of state aid to ports at present depends largely on the type and purpose of the aid, which may vary from social aid to financial support for infrastructure. As regards the latter, the Commission has always taken the view that public investment in infrastructure does not generally constitute aid within the meaning of Article 92 of the EC Treaty, as long as the infrastructure remains open to all users in the public interest on the basis of normal non-discriminatory access. Public financing of superstructure on the other hand, the use of which is limited to certain companies, would normally fall under Article 92 of the EC Treaty.