CELEX: 51974PC0986
Language: en
Date: 1974-07-01
Title: Second Amended Proposal for a Regulation (EEC) of the Council concerning limitation periods for the imposition and enforcement of pecuniary sanctions under the rules of the European Economic Community relating to transport and to competition, (submitted to the Council by the Commission pursuant to Article 149 (2) of the EEC Treaty)

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COM (74) 986
Vol. 1974/0165
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE J8UB.OP2AN COR
                                                           COM(74) 986 final
                                                           Brussels . 1 July 1974
   Second Amended Proposal for a Regulation (EEC ) of the Council concerning
   limitation periods for the imposition and enforcement of pecuniary sanctions
   under the rules of the European Economic Community relating to transport and
   to competition                                    ,
              ( submitted to the Council "by the Commission pursuant to
               Article 149 ( 2) of the EEC Treaty)
    COM(74) 986 final
 ---pagebreak---                                                           Annex
                                                          IV/181/74-E
Second Amended Proposal for a Regulation (EEC ) of the Council concerning
limitation periods for the imposition and enforcement of pecuniary sanctions
under the rules of the European Economic Community relating to transport and
to competition *
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular. Articles 75» 79     27 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the 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
periodic 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 dominant
position ; whereas those rules make no provision for any period of limitation ;
Whereas it is desirable in the interests of legal certainty that the principle
of limitation 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 impose fines (or penalties )
but also as regards the power to enforce decisions imposing fines (or penalties )
or periodic penalty payments ; whereas the relevant provisions should specify
the length of limitation periods, the point from which time starts to run and
the events which have the effect of interrupting or suspending the running of
time ;
    Amendments to the former version of the proposal for a Regulation are
    underl ined .
 ---pagebreak---                                         2 -                 Anne :-:
                                                            Iv/lGl /74-s
Whereas in this respect regard, should be had both to the interests of under­
taking's and associations of undertakings and to the requirements imposed by
the administrative practice of the Commission ;
Whereas it would seen 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 iis power to impose fines ( or penalties ) are
based on the principle that infringements of the Commission 's right of informa­
tion and investigation arc of a less serious nature than infringements of the
prohibitions on discrimination , restrictive practices and abuse of 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 the other infringements to which this Regulation applies .
Whereas it is desirable in the interests of legal certainty to establish the
principle that the period of limitation for the imposition of pecuniary sanctions
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 time cannot therefore
be allowed to run in favour of undertakings or associations where that authority,
acting in conformity with the provisions applicable , is in the course of
 ---pagebreak---                                     - 3 -                   Annex
                                                            IV/181/74-E
conducting an enquiry or taking proceedings in respect of the infringement ;
whereas it should accordingly "be provided that any action in this' respect
taken by the Commission, or by a Member State at the request of the Commission,
and notified to any 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 under­
takings or associations of undertakings participating in the infringement ;
whereas it is moreover desirable , in order to prevent the undertakings or
associations of undertakings concerned from suffering the disadvantages of
excessively long drawn-out proceedings , that interruptions of the running of
time should be subject to a time limit ; whereas it should accordingly be
provided that the Commission 's power to impose fines ( or penalties ) should
in any event become barred upon the expiry of twice the relevant limitation
period .
Whereas it would also seem appropriate to lay down rules for suspending the
running of limitation periods for the imposition of pecuniary sanctions ; whereas
time cannot be allowed to run in favour of undertakings or associations of
undertakings during a period in which the Commission is prevented from' taking
proceedings in respect of the infringement ; whereas it should accordingly bo
provided that the running of time shall be suspended for so long as t)rocecdings
relating to a decision of the Commission are pending before the Court of -
Justice of the Eurooean Communities .    -             •  •
Whereas by virtue of the first paragraph of Article 192 of the Treaty establish­
ing the 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 five-year limitation period, running from the date upon which the
decision becomes final ;
Whereas it should be provided that the running of the period for enforcement
of decisions may also be interrupted or suspended .
 ---pagebreak---                                                                 Annex
                                                                IV/161/74-E
     Whereas any variation of a decision or any refusal of an application for
     variation must prevent tine from running ; nor, moreover, can time be allowed
     to run in favour of any undertaking or association of undertakings upon which
     a pecuniary sanction 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 varying the original
     amount of the fine (or penalty ) or periodic penalty payment 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 (or penalty ) or periodic penalty payment , shall interrupt the running
     of time ;
     Whereas time cannot moreover be allowed to run in favour of any undertaking
     or association of undertakings on which a pecuniary sanction has been
     imposed where the Commission is prevented from taking steps 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 susp'ended "pursuant
     to a decision of the Court of Justice of the European Communities ..
    Whereas'.' lastly, it" should be expressly specified that the rules relating
     to limitation rieriods apply also to' infringements committed before the
- ' ^entry into force of this Regulation .                    ■
     HAS ADOPTED THIS REGULATION,    - ,
 ---pagebreak---                                           - 5 -                   Arm ex
                                                                  IV/181/74-E
                                        Article 1
             Limitation periods for "the imposition of pecuniary sanctions
(1 ) Hie power of the Commission to impose fines (or penalties ) for infringements
      of the rules of the European Economic Community relating to transport or to
      competition shall "be subject to the following limitation periods :
      (a) three years in the case of an infringement of any of the provisions
           concerning applications or notifications submitted "by undertakings
           or associations of undertakings , 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 repeated 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 imposition of sanctions
(l ) Any action taken by the Commission, or by any Member State at the request of
      the Commission, for the purpose of establishing the existence of an infringement
      or bringing proceedings in resnect of the same shall interrupt the running of
      the limitation period * The limitation period shall be interrupted v:ith effect
      from the date on -vhich such action is notified .
      Actions which interrupt the running of the period shall include in particular
      the following :
      (a) the sending by the Commission.' or by the competent authority of any
           Member State at the request of the Commission, of a written request
           for information ; or a decision of the Commission requiring that the
           information requested be sup-olied ;
 ---pagebreak---                                              - 6 -                Annex
                                                                  IV/181/74-E
      (b ) the issuing to its officials, by the Commission or fry the competent
            authority of any Member State at the request of the Commission , of
            written instructions to carry out investigations ; or a decision by
            the Commission ordering an investigation ;
      ( c ) the commencement of a procedure by the Commission ;
      (d ) notification 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 regards all the undertakings or associations of undertakings which
      participate in the infringement .
( 3 ) Each interruption shall start time running afresh, provided however that the
      right to impose pecuniary sanctions shall in any event become barred when
      twice the limitation period , plus any period during which the running of time
      is suspended pursuant to Article 3 . has elapsed since the date on which it
      began to 'run without a fine , penalty or penalty payment having been imposed
      by the Commission »
                                          Article 3
         Suspension of the running of the period for the imposition of sanctions
    • The running of time shall be suspended for so long as proceedings relating to
      the relevant decision of the Commission are pending before the Court of Justice
      of the European Communities .
                                          Article 4
                    Limitation period for the enforcement of decisions
(1 ) The power' of the Commission to enforce decisions imposing fines (or penalties )
      or periodic penalty* f>ayinents for infringements of the rules of the European Economic
      Community relating to transport or to competition shall - be subject -to a limitation
      period of five years .
( 2 ) Time shall run from the date upon which the decision becomes final .
 ---pagebreak---                                             - 7 -                Annex
                                                                 ΐν/ΐεΐ/74-Ε
                                         Article 5
                   Interruption of the running of the limitation period
                             for the enforcement of decisions
( 1 ) The following events shall be regarded as interrupting the running of time :
      (a) notification of & decision 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 ponalty payments .
( 2 ) Each interruption shall start time running afresh .
                                        Article 6
                    Suspension of the running of the limitation period
                             for the enforcement of decisions
      The running of time shall be 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 Conmunit5.es .
                                        Art i oie 7
                             Application to transitional cases
      The above rules shall apply also in respect of infringements committed before
      the entry into force of this Regulation .
                                        Article 8
                                     Entry into force
      This Regulation shall enter into force on
      This Regulation shall be binding in its entirety and directly applicable in
                                                      /
      all Member States .