Written Question · S4W-06919 · Session 4
What recent discussions it has had with the European Commission on the requirement to tender for ferry services and whether it will publish…
The question
To ask the Scottish Executive what recent discussions it has had with the European Commission on the requirement to tender for ferry services and whether it will publish the (a) outcomes agreed and (b) minutes taken at these.
The answer
The European Commission’s position on the tendering of ferry services is set out in its Communication on the interpretation of the European Union’s maritime cabotage regulation (Council Regulation 3577/92):
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52003DC0595:EN:HTML.
The requirement to tender for subsidised ferry services in Scotland was set out in the publication Clyde and Hebrides Lifeline Ferry Services – Scottish Executive’s Consideration of the Requirement to Tender (12 September 2005) available on the Scottish Government’s website. This included, at Annex F, specific advice from the European Commission on the requirement to tender provided in correspondence between the then Ministers and Commissioner in 2004 and 2005:
http://www.scotland.gov.uk/Publications/2005/09/09104007/40085.
On 14 September 2005, the Scottish Parliament adopted a motion in the name of Tavish Scott MSP, supported by Margaret Curran MSP, which ended by acknowledging that “the tendering of the Clyde and Hebrides lifeline ferry services is required to protect these vital services.” The full text of the motion is available on the Scottish Parliament’s website:
http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=4599&mode=pdf.
This requirement was reiterated by the Commission in its Decision of
28 October 2009, published on 15 December 2009 that concluded its in-depth State Aid investigation of Scottish ferry services. The Commission found that subsidies were compliant with EU rules, including the requirement to tender; the exception was the Gourock-Dunoon service which has now been tendered in line with the Commission’s specific requirements for that route. The Commission’s Decision is available on its website:
http://ec.europa.eu/energy/coal/state_aid/doc/decisions/2008/2008_0016_uk_c.pdf.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52003DC0595:EN:HTML.
The requirement to tender for subsidised ferry services in Scotland was set out in the publication Clyde and Hebrides Lifeline Ferry Services – Scottish Executive’s Consideration of the Requirement to Tender (12 September 2005) available on the Scottish Government’s website. This included, at Annex F, specific advice from the European Commission on the requirement to tender provided in correspondence between the then Ministers and Commissioner in 2004 and 2005:
http://www.scotland.gov.uk/Publications/2005/09/09104007/40085.
On 14 September 2005, the Scottish Parliament adopted a motion in the name of Tavish Scott MSP, supported by Margaret Curran MSP, which ended by acknowledging that “the tendering of the Clyde and Hebrides lifeline ferry services is required to protect these vital services.” The full text of the motion is available on the Scottish Parliament’s website:
http://www.scottish.parliament.uk/parliamentarybusiness/28862.aspx?r=4599&mode=pdf.
This requirement was reiterated by the Commission in its Decision of
28 October 2009, published on 15 December 2009 that concluded its in-depth State Aid investigation of Scottish ferry services. The Commission found that subsidies were compliant with EU rules, including the requirement to tender; the exception was the Gourock-Dunoon service which has now been tendered in line with the Commission’s specific requirements for that route. The Commission’s Decision is available on its website:
http://ec.europa.eu/energy/coal/state_aid/doc/decisions/2008/2008_0016_uk_c.pdf.
In the Official Report
No contribution in the Official Report cites S4W-06919 by reference.