WRITTEN QUESTION P-2441/03 by Marianne Thyssen (PPE-DE) to the Commission. Operation of the national competition authorities.
Date: 2003-07-16
Institutions: European Parliament, Provisional data
Subjects: EU Member State, application of EU law, competition law, competition policy, supervisory power, transfer of competence

C 51 E/248

Official Journal of the European Union

EN

26.2.2004

Answer given by Mr Patten on behalf of the Commission

(22 August 2003)

The Commission shares the concern expressed by the Honourable Members about the human rights record
of the Lao People’s Democratic Republic (PDR). While it is content that a diplomatic solution could be
found which enabled the release of Messrs. Falise, Reynaud and Mua, the Commission remains concerned
with the situation of the four Laotian citizens arrested at the same time.

The Commission, through its Delegation in Vientiane and in close contact with the representatives of
Member States, monitors thoroughly the human rights situation in Laos.

As indicated in the Commission’s reply to Written Question E-2255/03 of Mr Dupuis (1), the Commission
has raised concerns on the overall situation of human rights with the Government of Laos on several
occasions in the recent past, including the issue of the five leaders of the ‘Movement of 26 October 1999’.
Unfortunately, such démarches have had limited results so far.

As regards Community assistance to Laos, this is being implemented in accordance with the current
National Indicative Programme 2002-2004, which focuses on the sectors of rural development, education
and health. Specific co-operation in the area of good governance, a crosscutting theme, is also proposed.
Overall, EUR 18 million have been earmarked for the Laos National Indicative Programme (NIP), of which
EUR 7 million have been committed by July 2003.

Since 1997, the Commission has committed EUR 20 million for bilateral projects in Laos, plus about
EUR 6,6 million for humanitarian aid, and EUR 6,7 million for assistance via non-governmental
organisations (NGOs) in the Environment, Health, Education and Food Security Sectors. The bulk of the
assistance concentrates on the northern part of the country where the majority of the population belongs
to ethnic minorities. The distribution of assistance per sector is roughly as follows: 65 % for rural
development, 25 % for social development (health, education) and 10 % for other sectors such as economic
co-operation and humanitarian aid. The Commission is available to provide more detailed information on
this issue to the Honourable Members upon request.

The Commission maintains a consistent policy of engagement towards the Laotian Government, aimed at
supporting change towards the democratisation of the country. This consists of constructive political
dialogue with the government, including on human rights issues, combined with continued support to the
It should be
Laotian population through Community-assisted development co-operation programmes.
noted that the Community does not provide direct financial support to the government.

As regards the possible suspension of all or part of the 1997 bilateral agreement, notably development aid,
this should be considered as a means of last resort, since such a measure would be likely to negatively
affect the many people whose rights are violated.

The Commission will be examining the human rights situation and its possible impact on EU-Laos bilateral
relations in view of the next Commission-Laos Joint Committee scheduled for Autumn 2003.

(1) See page 233.

(2004/C 51 E/270)

WRITTEN QUESTION P-2441/03

by Marianne Thyssen (PPE-DE) to the Commission

Subject: Operation of the national competition authorities

(16 July 2003)

In its new approach to competition policy the Commission has taken the path of greater decentralisation.
Market operators are more dependent than in the past on the national competition authorities. This means
that the latter have a greater responsibility.

26.2.2004

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Official Journal of the European Union

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The advantages and drawbacks of this system have been discussed on several occasions in public fora.
There is one critical point, however. For this new approach to be as effective as possible, the national
competition authorities must function extremely well.

Does the Commission have oversight over the way in which the national competition authorities function?
If so, can the Commission inform me of the current state of affairs? If not, does the Commission not
consider it desirable to set up a monitoring system of some kind?

Answer given by Mr Monti on behalf of the Commission

(12 August 2003)

The functioning of national competition authorities is first of all determined by the legal framework within
which these authorities are operating. At this moment, most of the national legislations are being adapted
to the new enforcement system of Community competition law, as it has been established by Council
Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid
down in Articles 81 and 82 of the Treaty (1). The Commission closely follows those adaptations of national
law(s) in order to ensure consistency with the said Regulation.

Turning to the more general functioning of national competition authorities within that legal framework,
the Commission would like to refer the Honourable Member to the yearly Council Recommendation on
the broad guidelines of the economic policies of the Member States and the Community, which amongst
others gives an updated oversight of the functioning of national competition authorities (2). In that same
context, the Commission would like to point the Honourable Member at the regular peer review amongst
competition authorities, which takes place within the context of
the Organisation for Economic
Cooperation and Development (OECD) and which contains valuable information on the performance of
the national competition authorities (3). Both the Council Recommendation on the broad guidelines of the
review also contain concrete recommendations as to the
economic policies and the OECD peer
improvement of the functioning of national competition authorities.

Finally, as to the application of Community competition law by national competition authorities in specific
cases, the Commission would like to refer the Honourable Member to its Annual Report on Competition
Policy, in which the Commission gives an overview of that application (4). Furthermore, from 1 May 2004
onwards, national competition authorities will inform the Commission on their intended course of action
before they apply Community competition law. This ex ante information will undoubtedly contribute to
the coherent application of Community competition law by national competition authorities.

(1) OJ L 1, 4.1.2003.
(2) http://ue.eu.int/emu/en/index.htm.
(3) http://www.oecd.org/home/.
(4) http://europa.eu.int/comm/competition/annual_reports/.

(2004/C 51 E/271)

WRITTEN QUESTION E-2451/03

by Margrietus van den Berg (PSE) to the Commission

(23 July 2003)

Subject: Habitats Directive areas and Natura 2000

The Commission has accepted the list of designated areas for the Netherlands, according to a report in the
Nederlands Dagblad of 9 July 2003. However,
the two problems which the
Netherlands has with the implementation of the Habitats Directive.

this was only one of