WRITTEN QUESTION E-3472/03 by Christoph Konrad (PPE-DE) to the Commission. Conversion of the Landesbank Nordrhein-Westfalen into an investment bank.
Date: 2003-11-21
Institutions: European Parliament, Provisional data
Subjects: Rhineland-Palatinate, demerger, development bank, investment protection, restriction on competition

C 78 E/558

Official Journal of the European Union

EN

27.3.2004

stated that they would take measures to enforce the relevant animal welfare legislation, and, in particular,
that they would carry out a re-inspection of all slaughterhouses before 2004, to verify compliance with the
relevant legislation on animal welfare at slaughter (Council Directive 93/119/EC of 22 December 1993 on
the protection of animals at the time of slaughter or killing (1)).

A follow-up inspection in Greece was carried out by the FVO from 15-19 September 2003 (MR9211/
2003). Due to a strike of veterinary staff at that time in Greece, it was not possible to assess animal welfare
at slaughter, but the FVO inspection team reviewed the results of inspections conducted by Greek officials
over previous months and other administrative issues arising from the previous FVO inspection in January
2003. Overall the inspection team concluded that there were still important weaknesses in animal welfare
control systems in Greece. A draft report of this inspection was sent to the Greek authorities on
7 November 2003. Comments on the draft report and an action plan to address outstanding deficiencies
are awaited from the Greek authorities.

On 23 October 2003, the acting Director General of Directorate General Health and Consumer Protection
(DG SANCO) met the Deputy Permanent Representative of Greece to the Union and the Greek Chief
Veterinary Officer, to underline the Commission’s concerns over the implementation and enforcement of
Union food safety and veterinary legislation in Greece. The Commission considers that
the Greek
authorities are not, and have not been for some time, operating their animal welfare control systems in
compliance with the requirements of Union legislation. Commitments given by the Greek authorities to
improve animal welfare following that meeting are being examined and if they are not sufficient to remedy
the situation, by the summer, the Commission will be obliged to initiate infringements proceedings against
Greece.

(1) OJ L 340, 31.12.1993.

(2004/C 78 E/0593)

WRITTEN QUESTION E-3472/03

by Christoph Konrad (PPE-DE) to the Commission

(21 November 2003)

Subject: Conversion of the Landesbank Nordrhein-Westfalen into an investment bank

1.
The government of the German Land of Nordrhein-Westfalen is at present drawing up a new State
Bank Law, which will make it possible for the Landesbank Nordrhein-Westfalen to be converted into a
bank engaged solely in investment activities. Unlike other state banks,
the Landesbank Nordrhein-
Westfalen would then continue to benefit
from the state guarantee system of Gewährträgerhaftung
(statutory guarantee) and Anstaltslast (institutional liability) after 2005.

Is the European Commission aware of these plans? What are its views on them, given that they will mean
the continued provision of the guarantees which the Commission recently decided should be abolished
after 2005? Does the Commission believe that its decision to abolish the guarantees has been undermined?

2.
After the law has been adopted in Nordrhein-Westfalen, how will the European Commission react to
distortions of competition which might arise as a result of the more competitive refinancing options open
to such an investment bank? How will it ensure that all business areas related to competition are kept
separate from the bank’s investment activities?

Answer given by Mr Monti on behalf of the Commission

(15 January 2004)

1.
The Commission is aware that the Government of the German Land of Northrhine-Westphalia is
preparing a new Landesbank-law, which intends to convert the current Landesbank into a pure public

27.3.2004

EN

Official Journal of the European Union

C 78 E/559

development bank. The draft law has been examined by the Commission services and (cid:1) after taking into
account the Commission services’ comments (cid:1) found to be a correct implementation of the Commission
Decision of 27 March 2002 (1). This has also been the case with the other submitted German laws on
public development banks to be amended in the light of this Commission decision.

In strict compliance with Commission Decision of 27 March 2002 recommending appropriate measures to
Germany regarding ‘Anstaltslast’ and ‘Gewährträgerhaftung’, this amendment will allow the new pure
public development bank to keep the state guarantees for the refinancing of its public developments tasks,
in particular, the fulfilment of the public promotional activities in compliance with the state aid rules of
the Community.

On the basis of the information available, the new public development bank will then be in the same
position to keep state guarantees for their public tasks as about a dozen other German public development
banks, including KfW. Despite its name of Landesbank (which is actually envisaged to be changed), it will
not, by its very nature, pursue commercial activities. The conversion does not circumvent
the
Commission’s Decision of 27 March 2002. The State guarantees will be abolished for all Landesbanks
and savings banks performing commercial banking activities with effect from 19 July 2005. The necessary
legal changes have already been implemented.

It should be noted that most commercial activities of

2.
the former Westdeutsche Landesbank
Girozentrale were already regrouped into the new limited liability bank WestLB AG created in 2002.
in existence in Landesbank have to be hived off into a separate
Commercial activities currently still
undertaking (WestLB AG or other) without any State support. A similar split into two separate legal
entities, respectively fulfilling public tasks (with State support) and commercial activities (without any State
support), has for instance also to be implemented by the federal public development bank KfW.

The new legal framework seems thus adequate to avoid distortions of competition in the future. The
Commission will of course also monitor in the future whether undue advantages from State resources will
be granted to commercial banking activities in an individual case and, if necessary, take appropriate action.

(1) Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty (cid:1) Cases where the Commission raises
no objections, OJ C 150, 22.6.2002; referring to publication on the Commission’s website under http://
europa.eu.int/comm/secretariat_general/sgb/state_aids/industrie/e010-00.pdf

(2004/C 78 E/0594)

WRITTEN QUESTION E-3474/03

by Herbert Bösch (PSE) to the Commission

(24 November 2003)

Subject: Contracts with management consultants in Commission offices

Given that no final answer has yet been provided to Written Question E-0844/03 (1) of 18 March 2003 on
contracts with management consultants, although eight months have now passed since it was submitted,
can the Commission initially provide the following information:

(cid:1) How many contracts have the cabinets of individual Commissioners concluded with management

consultants since 2000, and what is their total value?

(cid:1) What tasks were assigned to the management consultants?

(cid:1) Why were Commission officials not called on to carry out these tasks?

(cid:1) Can the Commission state whether these tasks cost less to carry out externally than if they are carried

out internally, and provide figures to back this up?