# CE2004084EN.01092301.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/923 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/923

---

(2004/C 84 E/1020)

WRITTEN QUESTION E-0953/04

by Cristiana Muscardini (UEN) to the Commission

(29 March 2004)

Subject:   Discriminatory practices by Romania

Subject:

With reference to the studies on the internal situation in Romania and the meetings held with the representatives of that country in the context of the accession negotiations:

| 1. | Is the Commission aware of the serious discriminatory policy being pursued by the Romanian State vis-à-vis foreign investors, and in particular Italian firms, participating in procedures for the privatisation of Romanian state-owned property? |
| --- | --- |

1.

Is the Commission aware of the serious discriminatory policy being pursued by the Romanian State vis-à-vis foreign investors, and in particular Italian firms, participating in procedures for the privatisation of Romanian state-owned property?

| 2. | Does it know that these undertakings, despite having contributed to the recovery of vital sectors of the Romanian economy by way of substantial investments, are suffering repeated violations of their rights as guaranteed under European and Romanian regulations, particularly as regards the right of ownership, in favour of companies with links to the previous regime? |
| --- | --- |

2.

Does it know that these undertakings, despite having contributed to the recovery of vital sectors of the Romanian economy by way of substantial investments, are suffering repeated violations of their rights as guaranteed under European and Romanian regulations, particularly as regards the right of ownership, in favour of companies with links to the previous regime?

| 3. | Is it aware of the fact that the legal protection afforded by the Romanian legal system — under which judgements are passed by the supreme judicial bodies in violation of general legal principles and binding internal rules — has created great uncertainty as to the capacity for guaranteeing the rights of foreign investors participating in privatisation procedures in complete compliance with the national rules? |
| --- | --- |

3.

Is it aware of the fact that the legal protection afforded by the Romanian legal system — under which judgements are passed by the supreme judicial bodies in violation of general legal principles and binding internal rules — has created great uncertainty as to the capacity for guaranteeing the rights of foreign investors participating in privatisation procedures in complete compliance with the national rules?

| 4. | Is it conscious of the fact that this discriminatory policy is being pursued in spite of the public commitments made by the Romanian State to adopt reforms on the theme of the ‘rule of law’ and ‘combating corruption’? |
| --- | --- |

4.

Is it conscious of the fact that this discriminatory policy is being pursued in spite of the public commitments made by the Romanian State to adopt reforms on the theme of the ‘rule of law’ and ‘combating corruption’?

| 5. | What measures will it take to counteract this discriminatory policy? |
| --- | --- |

5.

What measures will it take to counteract this discriminatory policy?

Answer given by Mr Verheugen on behalf of the Commission

(30 April 2004)

(30 April 2004)

The Commission has closely monitored the development of a functioning market economy throughout the accession process with Romania. Although considerable progress has been made over recent years, the Commission's regular reports have made it clear that considerable reforms are still needed to attract greater amounts of foreign investment. Particular attention has been drawn to the high levels of corruption that exist, to weaknesses in the legal system, and to an overall business environment that remains difficult.

The Commission is not aware of any systematic discrimination against foreign investors in general or Italian firms in particular. However, if specific evidence of such discrimination is provided then the Commission will investigate fully and take the appropriate action either under the provisions of the EU-Romania Association Agreement or in the context of the accession negotiations.

In more general terms, the Commission will continue to support Romania's efforts to effectively tackle corruption and to guarantee the rule of law. Bilateral contacts will be used in order to urge Romanian authorities to prioritise these issues and financial assistance is being provided to promote anti-corruption initiatives and to modernise the judiciary.

---