91997E2729(01)

WRITTEN QUESTION P-2729/97 by Marianne Thyssen (PPE) to the Commission (30 July 1997)

Subject: Compensation scheme for Dutch filling station managers on the Belgian and German borders

It appears that on 23 July 1997 a scheme came into force for Dutch filling station managers on the Belgian and German borders which compensates them for the losses suffered from an increase in tax on petrol in the Netherlands.

Can the Commission say whether this scheme, which is not generally applicable to the Netherlands but is geographically restricted to the border areas, is in line with European rules on competition?

Supplementary answer given by Mr Van Miert on behalf of the Commission (16 February 1998)

Further to its answer of 11 September 1997 ((OJ C 82, 17.3.1998, p. 133. )), the Commission is now able to provide the following additional information.

The Dutch authorities have notified an aid (N 558/97) in favour of Dutch petrol stations located near the German border on 18 August 1997. Natural or legal persons, partnerships or limited partnerships, for whose account one or several petrol stations are operated and their successors are eligible for the subsidy. The purpose of this aid is to compensate the owners of these service stations for the alleged decline in turnover resulting from the increase in excise duty on light oil that took effect on 1 July 1997 in the Netherlands. The duration of the aid project is three years maximum, until 1 July 2000.

On 22 September 1997, the Commission asked for further information in order to examine: (i) to what extent the notified measures are likely to distort competition in other Member States, in particular in Germany and in Belgium; and (ii) whether the aid could have an accumulative effect. Moreover, doubts exist concerning the compatibility of these contracts with Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of the Treaty to categories of exclusive purchasing agreements ((OJ L 173, 30.6.1983. )). The Dutch authorities replied on 30 October 1997. On 17 December 1997, the Commission asked for further information as the Dutch government had not satisfactorily answered all the questions raised in the Commission letter of 22 September 1997. At present, the Commission cannot define its position as it is awaiting the reply of the Dutch government to its letter of 17 December 1997.