WRITTEN QUESTION P-1405/02

by Bart Staes (Verts/ALE) to the Commission

(13 May 2002)

Subject: Privatisation of ABX, the Belgian Railways (NMBS/SNCB) road freight company

In the context of the restructuring of Belgian Railways (NMBS/SNCB), ABX, the Belgian Railways' loss-making road freight company, which also has branches in other countries, is to be

privatised. According to press reports, Belgian Railways assets are to be sold off to ABX at extremely low prices. For example, the Brussels site of Klein-Eiland, 70 000 square metres in size, is to be sold for 10 000, although the true value of the land is estimated at 260 million.

I would like to know whether the Commission considers that these low estimates of the value of assets with a view to selling them to a subsidiary company about to be privatised are consistent with Community legislation on competition and state subsidies.

Answer given by Mrs de Palacio on behalf of the Commission

(21 June 2002)

According to information available to the Commission the SNCB plans to restructure its organisation and, amongst others, transfer its road haulage activities that are currently carried out by SNCB and via subsidiaries under the brand name ABX, to an independent company, wholly owned by SNCB (ABX Logistics Group). As part of this re-organisation SNCB intends to make a capital increase in the holding company in exchange for shares by way of, inter alia, a transfer of assets. The Commission has not yet been informed of the details of the financial elements of this re-organisation and is therefore, as the Honourable Member will understand, not in a position to give a view on whether it may involve state aid and, if so, whether it would be compatible with the Community rules on competition and state aid.

The Commission considers seriously requesting the Belgian authorities to notify their plan to restructure SNCB/ABX, according to Article 88(3) of the EC Treaty.