CELEX: 51973PC0365
Language: en
Date: 1973-03-20
Title: Amended proposal for a Regulation (EEC) of the Council concerning limitation periods for the bringing of proceedings and enforcement of decisions under the rules of the European Economic Community relating to transport or to competition (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 365
Vol. 1973/0057
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(73)365 final
                                                   Brussels , 20 March 1973
                An ended proposal for a Regulation ( EEC ) of the
                Council concerning limitation periods for the
                bringing of proceedings and enforcement of de­
                cisions under the rules of the European Economic
                Community relating to transport or to competition
                   ( submitted to the Council by the Commission)
                                                                            i
                                                                            i
   COIH73 ) 365 final
 ---pagebreak---                                                                IV/523A2 - E
Amended proposal for a Regulation (EEC ) of the Council concerning limitation
periods for the bringing of proceedings and enforcement of decisions under
the rules of the European Economic Community relating to transport or to
 competition                    • .1      • • .  »
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             ,   .
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 75 * 79 and 87 thereof ;
Having regard td the proposal from the Commission;
I&viiig regard to the . Opinion of the European Parliament ;
Having regard to the Opinion of th© Economic and. Social Committee ;
Whereas -under the rules of the European Economic Community relating to
transport and to competition the Commission has power to impose fines
 ( or penalties ) and;. peripdic penalty payments on undertakings or associations
of "undertakings which infringe its right of information and investigation ,
or Which contravene . the; prohibition : on discrimination, restrictive practices
and abuse 'of a dominant position ; whereas the rules aforesaid make no
provision for any period of limitation ;              ... .     .
Whereas it is desirable in the interests of legal certainty that the
principle of limiation be introduced and that relevant implementing rules be
laid down ;   whereas ^ for the matter to be covered fully , it is necessary
that provision for limitation be made not only as regards the power to
itcpose fines (or penalties ) but also as regards the power;to          ,   * ' .
 enforce decisions imposing - fines \ or penalties ; or periodic penality payments ;
whereas the relevant provisions, should specify the length of limitation
 periods , the point from which time sjjarts. to run and the events which have
'the effect of interrupting or suspending the. running of time ;
 ---pagebreak---                                         - 2 -
                                                               IV/523/72 » E
Whereas in this respect regard should "be had "both to the interests of
undertakings and associations of undertakings and to the requirements
imposed "by the administrative practice of the Commission ;
Whereas it would seem appropriate to vary according to the type of
infringement concerned the length of the period on the expiry of
which the Commission 's power to impose fines ( or penalties ) "becomes
barred ;  whereas the provisions from which the Commission derives its power
to impose fines ( or penalties ) a.re "based on the principle that infringements
of the Commission 's right of information and investigation are of a less
serious nature than infringements of the prohibitions on discrimination ,
restrictive practices and abuse of a dominant position ;     whereas it is
therefore proper to make a similar distinction in fixing the length of periods
of limitation ;  whereas it would accordingly seem appropriate to lay down
a three-year period of limitation for infringements of the Commission 's
right of information and investigation and a five-year period for all other
infringements to which the Regulation applies ;
Whereas , it is desirable in the interests of legal certainty to establish
the principle that the period of limitation for the bringing of proceedings
shall run from the date of Commission of the infringement ;     whereas however
as long as any undertaking or association of undertakings remains in breach
of any rule of the European Economic Community concerning transport or
competition , no such period can be allowed to run in its favour ;     whereas
it should accordingly be provided that as regards continuing or repeated
infringements time starts to run only from the date when the undertaking or
association concerned puts an end to its infringement ;
Whereas if proceedings in respect of infringements are to be effective , it
is essential that there be proper provision for interruption of the running
of the limitation period ; whereas proceedings may become barred only in
cases where the competent authority has throughout the relevant limitation
period taken no action in respect of the infringement ; whereas , consequently ,
time cannot be allowed to run in favour of undertakings or associations
where the aforesaid authority , acting in conformity with the provisions
applicable , is in the course
 ---pagebreak---                                        3                    IV/523/73 - E
 of conducting en enquiry or taking proceedings in respect of the
infringement ;  whereas it should accordingly he provided that any action
                                                         •       i
taken "by the Commission , or by a Member State at the request of the
Commission , for the purpose of establishing the existence of an infringement
and notified to one of the parties concerned shall interrupt the running
of time ;  whereas it should moreover be expressly specified that the
taking of any such action shall interrupt the running of time as regards
all the undertakings or associations of undertakings participating in the
infringement ;
Whereas , by virtue of the first paragraph of Article 192 of the Treaty
establishingthe European Economic Community , decisions of the Commission
imposing fines ( or penalties ) or periodic penalty payments on undertakings
or associations of undertakings are fully enforceable ;    whereas it would
seem appropriate to provide that the power of the Commission to enforce
such decisions be subject to a fivo-year limitation period, running from the
date upon which the decision becomes final ;
Whereas , however, it should be provided that the running of the period
for enforcement of decisions may also be interrupted ; whereas any variation
of a decision or any refusal of cm application for variation must prevent
time from running;   nor , moreover, can time be allowed to run in favour
of any undertaking or association of undertakings upon whioh a pecuniary
obligation has been imposed where the competent authority is acting , in
conformity with the relevant procedural rules , to enforce the decision;'
whereas it should therefore be provided that any decision of the
Commission varying the original amount of the fine ( or penalty ) or
periodic penalty pa.yment or refusing an application for variation , and
likewise any action taken by the Commission , or by a Member State at the
request of the Commission , to enforce payment of a fine ( cr penalty) or
periodic penalty payment , shall interrupt the running of time ;
Whereas, lastly , there should also be provision as regards the enforcement
of decisions for suspension of the running of time ; whereas time cannot
bo allowed to run in favour of any undertaking or association of undertakings
on which a pecuniary obligation has been imposed where the Commission is
prevented from taking stops to enforce payment of the sums due to it ;
whereas it should accordingly be provided that the running of time be
 suspended for so long as any relief as to payment is allowed, or the        '
 enforcement of payment is suspended, pursuant to a decision of the court
of justice of the European Communities ;
 ---pagebreak---                                       - 4 -                 IV/§23/72 - E
HAS ADOPTED THIS DECISION :
                                    Article 1
Limitation periods for tho "bringing of proceedings
1 . The power of the Commission to impose fines ( or penalties ) for infringements
the rules of the European Economic Community relating to transport or to
competition shall "be subject to limitation periods ..   Such limitation
periods shall be as follows s
(a)         three years in tho case of an infringement of any of the
            provisions concerning applications cr notifications , requests
            for information , or the carrying out of investigations ;
(b )        five years in the case of all other infringements to which
            this Regulation applies .
2.   Time shall run from the date on which the infringement is committed,
save in the case of continuing or reported infringements , in respect of
which time shall run from the date upon which the infringement is terminated.
                                     Article 2
Interruption of the running of the period for the bringing of proceedings
1 . Any action taken by the Commission, or by    any Member State at tho
request bf the Commission, for the purpose of    establishing the existence
of an infringement and notified to one of the    undertakings or associations
of undertakings concerned shall interrupt the    running of the limitation
period.
Actions which interrupt the running of the period in particular include
the following;
( a)        the sending by tho Commission, or by the competent authority
          . of a Member State at the request of the Commission , of a
         - request for information ; . or the notification of a decision
            of the Commission requiring that the information requested
            be supplied ;
 ---pagebreak---                                        - 5 -                  IV/ 523/72 - E
 (*)
 \ o)        the sending or production lay the Commission , or by the
             competent authority of any Member State at the request of the
             Commission , of a written authorisation of investigation ; or
             the notification of a decision of the Commission ordering
             an investigation!"           " "
 (c)         the giving of written notice' of the commencement of" a" procedure
            "by the Commission ;                   "
((d)
   d)        the giving of writt en notice of the matters to which the
             Commission has taken objection*
2.     Any action within the meaning of paragraph 1 shall interrupt the
running of time as reg ards all the undertakings or associations of
undertakings which participate in the infringement .
3.     Each interruption shall start time running afresh.
                                       Article 3
Limitation period for the enforcement of deoisions
1.     The power of the Commission to enforce decisions imposing fines
( or penalties ) or periodic penalty payments for infringements of the
rules of the European Economic Community relating to transport or to
competition shall be subject to a limitation period.        The limitation
period shall be five years .
2.    Time shall run from the date upon which the relevant decision of the
Commission becomes final .
                                      Article 4
Interruption and suspension of the running of the limitation period for enforcement
of decisions
1.     The fol loidng events shall be regarded as interrupting the running
of time :
 ( a)        notification of a decision of the Commission varying the
             original amount of the fine ( or penalty) or periodic penalty
             payments or ^refusing an application for variation ;
 (b )        any action taken by the Commission, or by a Member State at
             the request of the Commission, for the purpose of enforcing
             payment of a fine ( or penalty ) or periodic penalty payment .
 2.    Each interruption shall start time running afresh.
 ---pagebreak---                                      ~ 6 -                 IV/523/72 - E
3.   The running of *time shall "bo  suspended for so long as :
(a)       any relief as to payment is . allowed ; or
(b )      enforcement of payment is suspended pursuant to a decision
          of the Court of Justice of the European Communities *
                                   Article 5
Entry into force
This Regulation shall enter into force on
This Regulation sha.ll "be binding in its entirety and directly
applicable in all Member States.