WRITTEN QUESTION E-1118/00 by Luis Berenguer Fuster (PSE) to the Commission. Mergers in the electricity sector.
Date: 2000-04-11
Institutions: European Parliament, Provisional data
Subjects: EU control, Spain, electrical industry, merger control

20.2.2001

EN

Official Journal of the European Communities

C 53 E/79

By approving the country strategy for the Russian Federation, the board of directors has, over time,
confirmed that operations in that country are consistent with the EBRD purpose and functions.

3.
As indicated in response to question 1, the EBRD is currently preparing the 2000 country strategy
for the Russian Federation. This exercise has included a special meeting of the EBRD executive committee
on 16 February 2000 and a board workshop on 5 April 2000 at which a paper summarising the key
issues for inclusion in the draft country strategy paper was discussed. Final approval by the board of
directors of the new Russia strategy is expected by end July 2000.

4.
In the reviews and assessments described in answer to Question 3, neither the board of governors,
the board of directors nor the President has concluded that any provision of the agreement establishing the
EBRD or any of the EBRD policies in its lending to Russian companies has been breached.

If evidence were brought to the Commission(cid:146)s attention that EBRD management had breached the
5.
EBRD agreed operating principles and policies in its lending to Russian companies, the matter would first
be concerted internally and with the other directors before being put forward to the appropriate fora
(notably the EBRD board of directors and,
its board of governors) for decisions on the
if necessary,
appropriate sanctions.

(1) OJ C 170 E, 20.6.2000, p. 68.

(2001/C 53 E/095)

WRITTEN QUESTION E-1118/00

by Luis Berenguer Fuster (PSE) to the Commission

(11 April 2000)

Subject: Mergers in the electricity sector

The Commission has recently expressed reservations regarding the Spanish authorities(cid:146) limited indepen-
dence as regards competition. This lack of independence is particularly apparent where mergers are
concerned, in which field the relevant procedure is carried out under the supervision of the Anti-Trust
Department (part of the Treasury). Cases are approved by the government itself, whilst the Anti-Trust
Tribunal merely issues a report.

According to sources within Spain(cid:146)s ruling party, HidrocantÆbrico shares are to be publicly offered for sale
to Uni(cid:243)n Fenosa. This would reduce competition in the electricity sector and would increase the power of
the third-largest operator in Spain. In addition there are rumours of a merger between Endesa, Fecsa and
Sevillana de Electricidad, although no application has been made to the Spanish competition authorities.

Under these circumstances the Spanish authorities are unlikely to exercise any control over mergers within
the electricity sector. Is the Commission therefore planning any action to control merger operations within
the Spanish electricity sector?

Answer given by Mr Monti on behalf of the Commission

(8 June 2000)

In its recommendation for the 2000 broad economic guidelines of the economic policies of the Member
States and the Community (1), the Commission stated that Spain should give priority to continuing the
1999 reform of the competition law and within this reform should give particular attention to reinforcing
the capacity of the independent competition authority to investigate cases.

The Commission is only entitled to control merger operations which have Community dimension in the
meaning of the Merger Regulation (2).

C 53 E/80

Official Journal of the European Communities

EN

20.2.2001

The operations mentioned by the Honourable Member, according to the information received by the
Commission, did not have Community dimension and were or are being assessed by the Spanish
competition authorities.

(1) Ecfin 209/00, http://europa.eu.int/comm/economy_finance/document/econeur/berg/gope2000_en.pdf.
(2) A concentration has a Community dimension where: (a) the combined aggregate world-wide turnover of all the
undertakings concerned is more than € 5 000 million; and (b) the aggregate Community-wide turnover of each of
at least two of the undertakings concerned is more than € 250 million, unless each of the undertakings concerned
achieves more than two thirds of its aggregate Community-wide turnover within one and the same Member State.
A concentration that does not meet the thresholds laid down above has a Community dimension where: (a) the
combined aggregate world-wide turnover of all the undertakings concerned is more than € 2 500 million; (b) in
each of at least three Member States, the combined aggregate turnover of all the undertakings concerned is more
than € 100 million; (c) in each of at least three Member States included for the purpose of point (b), the aggregate
turnover of each of at least two of the undertakings concerned is more than € 25 million; and (d) the aggregate
Community-wide turnover of each of at least two of the undertakings concerned is more than € 100 million; unless
each of the undertakings concerned achieves more than two-thirds of its aggregate Community-wide turnover
within one and the same Member State.

(2001/C 53 E/096)

WRITTEN QUESTION E-1122/00

by Bart Staes (Verts/ALE) to the Commission

(11 April 2000)

Subject: White Paper on Food Safety and the European Food Authority

The White Paper on Food Safety (COM(1999) 719 final) was published in January 2000. Chapter 4 is
concerned with establishing a European Food Authority (EFA). Chapter 5 considers legislation on food
safety.

In the White Paper the Commission says that it seeks a high level of food safety and consumer protection.
This objective affects the entire food chain, including imports from third countries. Accordingly, there is
an obvious need for an integrated approach to food safety. The White Paper consists of 117 sections and
in the Annex it lists 84 legislative measures which have to be implemented as a matter of priority in three
years(cid:146) time.

Does the Commission acknowledge that in the past the procedure for adopting legislation has usually
taken more than three years? If so, how will the Commission manage to meet the proposed deadline? Will
this require any procedural changes?

(2001/C 53 E/097)

WRITTEN QUESTION E-1127/00

by Bart Staes (Verts/ALE) to the Commission

(11 April 2000)

Subject: White Paper on Food Safety and the European Food Authority

The White Paper on Food Safety (COM(1999) 719 final) was published in January 2000. Chapter 4 is
concerned with establishing a European Food Authority (EFA). Chapter 5 considers legislation on food
safety.

The Commission seeks to restore and maintain a high level of consumer protection and consumer
confidence (section 29 ff.). Establishing a European Food Authority is intended to help. The Commission
has not opted for an American-style agency. The regulatory committees with representatives of the
Member States will continue to be responsible for drafting and taking decisions. Decision-making on
food safety will therefore continue to be influenced by considerations other than scientific ones.