Article 6
This Decision is addressed to the Kingdom of Spain. Done at Brussels, 26 July 2000. For the Commission Loyola De Palacio Vice-President (1) OJ C 29, 4.2.1999, p. 14. (2) See footnote 1. (3) OJ L 329, 5.12.1998, p. 23. (4) Commission notice on the de minimis rule for State aid (OJ C 68, 6.3.1996, p. 9). See also the Community Guidelines on State aid for small and medium-sized enterprises (OJ C 213, 19.8.1992, p. 2 and OJ C 213, 23.7.1996, p. 4). (5) Freight transport; Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (OJ L 95, 9.4.1992, p. 1) and Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (OJ L 279, 12.11.1993, p. 1). Passenger transport; Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (OJ L 74, 20.3.1992, p. 1) and Council Regulation (EEC) No 12/98 of 11 December 1997 laying down conditions under which non-resident carriers may operate national road passenger transport within a Member State (OJ L 4, 8.1.1998, p. 10). It should be noted that the latter Regulation replaced Council Regulation (EEC) No 2454/92, which was annulled by the Court of Justice of the European Communities in its judgment of 1 June 1994 in Case C-388/92 Parliament v. Council (ECR 1994, I-2067). However, the provisions of Regulation No 2454/92 remained effective until the entry into force of Regulation No 12/98. (6) Available statistical data show that between 1990 and 1995 approximately 3 % of all Community cabotage was performed in Spain. It can thus be concluded that carriers established in Spain do in fact compete with non-resident transport operators. See the Report on the implementation of Regulation (EC) No 3118/93 (COM(98) 47 final of 4 February 1998). (7) The fragmented transport market structure in Spain is confirmed by statistical data (EU Transport in figures, Statistical Pocketbook, European Commission/Eurostat 1998). (8) See footnote 3. (9) ECR 1980, p. 2671. (10) See Community Guidelines on State aid for environmental protection (OJ C 72, 10.3.1994, p. 3). (11) Commission Decision 98/128/EC (OJ L 66, 6.3.1998, p. 18) and judgment of the Court of Justice of 8 June 1995 in Case T-459/93, Siemens SA v Commission, ECR 1995, p. II-1675. (12) OJ L 83, 27.3.1999, p. 1.