WRITTEN QUESTION E-1271/01 by Salvador Garriga Polledo (PPE-DE) to the Commission. Privatisation in Eastern European candidate states.
Date: 2001-05-02
Institutions: European Parliament, Provisional data
Subjects: Central and Eastern Europe, accession to the European Union, free competition, privatisation

C 340 E/210

Official Journal of the European Communities

EN

4.12.2001

Article 82 (d) of the EC Treaty prohibits any abuse by one or more undertakings of a dominant position
within the common market or in a substantial part of it insofar as it may affect trade between Member
States, where such abuse consists in making the conclusion of contracts subject to acceptance by the other
parties of supplementary obligations which, by their nature or according to commercial usage, have no
connection with the subject of such contracts.

Pursuant to Article 9, paragraph 2, of Council Regulation No 17 (1), the Commission has the power to
apply Article 81, paragraph 1, and Article 82 of the EC Treaty. The Commission should underline that,
pursuant
the Member States remain
competent to apply the EC Treaty provisions as long as the Commission has not initiated any procedure.

to Article 9, paragraph 3, of Regulation 17,

the authorities of

The Commission may exercise its powers either upon its own initiative or upon application of third
parties. Those entitled to make application are Member States and natural or legal persons who claim
a legitimate interest.

Therefore, if the professionals from the cinema industry the Honourable Member refers to in his question
are able to produce any evidence on the alleged practices by cinematographic distributors which they
consider to be abusive, the Commission would urge them to complain to the national competition
authorities or to the Commission. Provided that the requirements of Articles 81 or 82 are fulfilled, the
national authorities or the Commission will act so as to bring the infringements to the Community
competition rules to an end.

(1) Council Regulation No 17, First Regulation implementing articles 85 [now 81] and 86 [now 82] of the Treaty

(OJ 13, 21.2.1962).

(2001/C 340 E/241)

WRITTEN QUESTION E-1271/01

by Salvador Garriga Polledo (PPE-DE) to the Commission

Subject: Privatisation in Eastern European candidate states

(2 May 2001)

Even when significant progress has been made in the negotiations for the accession of Eastern European
countries to the European Union, something which it is to be hoped will be in the not too distant future,
the satisfactory conclusion of the privatisation process in these countries will continue to present an
important challenge.

The future of these countries(cid:146) economies will depend on there being sufficient investment capacity to
facilitate the privatisation process and a technological contribution to render the privatised enterprises
competitive even if in some cases no private investors may be found.

Can the Commission say whether it is taking significant measures to assist the process of privatisation in
Eastern European candidate states through special incentive measures for entities in the current Member
States of the European Union so that they help the economies of said candidate states thus facilitating their
overall integration into the EU?

Answer given by Mr Verheugen on behalf of the Commission

(20 June 2001)

There are two economic criteria for accession: the country must have a functioning market economy and
it must be able to withstand the competitive pressure within the Community.

With regard to the second of these criteria, the Commission(cid:146)s Agenda 2000 noted that (cid:145)privatisation has
progressed at different rates and the process remains to be completed.(cid:146) (1)

4.12.2001

EN

Official Journal of the European Communities

C 340 E/211

Recently the pace of privatisation has quickened in several of the candidate countries. Major privatisations
and the resulting reorganisations (cid:129) particularly those involving heavy industry and the energy sector (cid:129) are
complex processes with many repercussions, particularly social repercussions.

Foreign direct investment (FDI) is attracted initially by privatisation policies and subsequently by new
businesses. Increased protection of FDI has encouraged financial flows to Central and Eastern European
countries. Some countries such as Poland and the Czech Republic are now attracting substantial FDI. In
others, such as Hungary, FDI has been attracted more to (cid:145)greenfield(cid:146) ventures than to the privatisation that
has taken place.

There are assistance programmes, notably under the PHARE programme, to facilitate restructuring and
privatisation (for example, the Ricop programme in Romania).

its current

As part of
the
privatisation of small and medium-sized enterprises in the Czech Republic and in the energy sector in
Lithuania.

the Community is also funding projects to assist

twinning operations,

(1) Agenda 2000: (cid:145)For a stronger and wider Union(cid:146) (cid:129) COM(97) 2000 final (cid:129) Bulletin Supplement No 5/97.

(2001/C 340 E/242)

WRITTEN QUESTION E-1276/01

by Jorge HernÆndez Mollar (PPE-DE) to the Commission

Subject: Charter to protect the Alboran Sea

(2 May 2001)

A group of experts has launched an initiative for a Charter of Rights for the Alboran Sea in order to
preserve its resources, improve its use and control its environmental quality.

Two thirds of the world(cid:146)s oil tanker traffic goes through the Alboran Sea, causing major spillages in what
is a closed sea, akin to a massive lake, whose environmental quality is very difficult preserve.

In view of the ambitious objectives of the Charter of Rights for the Alboran Sea with a view to preserving
a natural system whose environmental quality is in great danger, can the Commission affiliate itself to the
Charter, in whatever manner it sees fit, in order to help ensure that the latter is effective and that its
objectives find the requisite financial support to guarantee their realisation?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(6 June 2001)

Unfortunately the Commission had not been aware of the proposed (cid:145)Charter for the AlborÆn Sea(cid:146) referred
to by the Honourable Member. This makes any judgment concerning possible Community cooperation
premature.

The island of AlborÆn has been put forward by Spain as an area of Community relevance under the
Habitats Directive (1).
In time this area would become a special conservation area included in the
Natura 2000 network.

The Commission is fully aware that the effective implementation of Community instruments aiming at
activities having an impact on the marine environment offers certain scope for greater cooperation among
the operators on the ground, and other interested parties.