CELEX: 51998PC0068
Language: en
Date: 1998-03-04
Title: Proposal for a Council and Commission Decision on the position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States of the one part, and the Republic of Latvia, of the other part, signed in [...] on [...], with regard to the adoption of the rules for the implementation of Article 64 1(i), 1(ii) and 2 of the Europe Agreement

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      Brussels, 04.03.1998
                                                      COM(1998) 68 final
                                                      98/0076 (CNS)
                     Proposal for a Council and Commission Decision
     on the position to be taken by the Community within the Association Council
established by the Europe Agreement between the European Communities and their
Member States of the one part, and the Republic of Latvia, of the other part, signed in
[...] on [...], with regard to the adoption of the rules for the implementaion of Article
                        64 l(i), l(ii) and 2 of the Europe Agreement
                             (presented by the Commission)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
 Article 64 (3) of the Europe Agreement between the European Communities and their
 Member States, of the one part, and the Republic of Latvia, of the other part, signed in
 [...] on [...] provides that the necessary rules for the implementation of paragraphs 1
 and 2 of that Article (i.e. the competition provisions applicable to undertakings) shall
 be adopted by the Association Council within the time limit of 31 December 1997.
 The ratification of the Europe Agreement with Latvia is close to full completion and
 its entry into force is foreseen by early 1998.
 The Free Trade Agreement with Latvia entered into force on 1 January 1995. The
 Joint Committee under the Free Trade Agreement, on its meetings 2 April 1996 and
 18 June 1997, agreed that each Party would start procedures for the adoption of
 implementing rules for undertakings as provided in Articles 64 (1) (i) and (ii).
The competition provisions are one of the basic points of the Europe Agreement
between the European Communities and Latvia. Their actual implementation,
through the adoption of the attached rules by the Association Council, is a prerequisite
for the smooth development of trade relations between the two parties. The proposed
decision lays down procedures for cooperation between the two parties' competition
authorities. It is confirmed that the principles embodied in the block exemption rules
in force in the Community will apply, and there is provision for a consultation
procedure within the Association Council should disagreement arise between the two
competition authorities.
According to Article 2 (1) of the Decision of the Council and the Commission of [...]
on the conclusion of the Europe Agreement, the position to be taken by the
Community within the Association Council shall be laid down in accordance with the
corresponding provisions of the Treaties establishing the European Communities.
Articles 87, 235 and 228 of the EC Treaty as well as Articles 65 and 66 of the ECSC
Treaty are the appropriate legal basis for the position to be adopted by the Community
in the Association Council with regard to rules for the implementation of the
competition provisions applicable to undertakings. As a result, it is desirable that the
Council and the Commission should adopt the attached decision.
It is therefore proposed that the Council approves the attached proposal for a Council
and Commission decision.
 ---pagebreak---                        Proposal for a Council and Commission Decision
       on the position to be taken by the Community within the Association Council
  established by the Europe Agreement between the European Communities and their
 Member States of the one part, and the Republic of Latvia, of the other part, signed in
  |...| on |...|, with regard to the adoption of the rules for the implementaion of Article
                          64 1 (i), 1 (ii) and 2 of the Europe Agreement
THE COUNCIL OF THE EUROPEAN UNION,
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular
Articles 87 and 235 in connection with Article 228 paragraph 2, second sentence and
paragraph 3, first section,
Having regard to the Treaty establishing the European Coal and Steel Community,
and in particular Articles 65 and 66,
Having regard to the Decision of the Council and the Commission of [...] on the
conclusion of the Europe Agreement between the European Communities and their
Member States, of the one part, and the Republic of Latvia, of the other part, and in
particular Article 2 (1) thereof,
Having regard to the Opinion of the European Parliament,
Whereas pursuant to Article 64 (3) of the Europe Agreement the necessary rules for
the implementation of paragraphs 1 and 2 of that Article shall be adopted by 31
December 1997 by an Association Council Decision.
HAVE DECIDED AS FOLLOWS :
The position to be adopted by the Community in the Association Council set up under
the Europe Agreement between the European Communities and their Member States,
of the one part, and the Republic of Latvia, of the other part, with regard to the
necessary rules for the implementation of Article 64 l(i), 1 (ii) and 2 of the said
Agreement shall be based on the draft Decision of the Association Council annexed to
this Decision.
Done at Brussels on,
For the Council                                                    For the Commission
 ---pagebreak---  Draft Decision N° /98 of the Association Council between the European Communities
 and their Member States, of the one part, and the Republic of Latvia, of the other part,
                                           of...
 adopting the necessary rules for the implementation of Article 64 l(i), l(ii) and 2 of
 the Europe Agreement between the European Communities and their Member States,
 of the one part, and the Republic of Latvia, of the other part,
 THE ASSOCIATION COUNCIL,
 Having regard to the Europe Agreement between the European Communities and their
 Member States, of the one part, and the Republic of Latvia, of the other part, and in
 particular Article 64(3) thereof,
 Whereas pursuant to Article 64(3) of the Europe Agreement the necessary rules for
the implementation of Article 64(1) and (2) thereof should be adopted by the
Association Council;
HAS DECIDED AS FOLLOWS :
                                        Article 1
The necessary rules implementing Article 64 l(i), l(ii) and 2 of the Europe
Agreement between the European Communities and their Member States, of the one
part, and the Republic of Latvia, of the other part, as set out in the Annex to this
Decision, are hereby adopted.
                                        Article 2
The Decision shall be published in the Official Journal of the European Communities
and Latvijas Vestnesis (Latvian Official Journal).
                                        Article 3
This Decision shall enter into force on the day of its adoption.
Done at Brussels on,                                   For the Association Council
                                                       The President (s)
                                            V
 ---pagebreak---                                                                                   ANNEX
          IMPLEMENTING RULES FOR COMPETITION PROVISIONS
                          APPLICABLE TO UNDERTAKINGS
Implementing Rules for the application of the competition provisions applicable to
undertakings provided for in Article 64 para, li), lii) and 2 of the Europe Agreement
between the European Communities and their Member States, of the one part, and the
Republic of Latvia, of the other part:
ARTICLE 1 : GENERAL PRINCIPLE
Cases relating to agreements between undertakings, decisions by associations of
undertakings and concerted practices between undertakings which have as their object
or effect the prevention, restriction or distortion of competition as well as to abuses of
a dominant position in the territories of the Community or of Latvia as a whole or in a
substantial part thereof, which may affect trade between the Community and Latvia
shall be settled according to the principles contained in Article 64 para. 1 and 2 of the
Europe Agreement.
For this purpose, these cases are dealt with by the Commission of the European
Communities (DG IV) on the Community side and the Anti-Monopoly Committee1
on the Latvian side.
The competences of the EC Commission and the Anti-Monopoly Committee to deal
with these cases shall flow from the existing rules of the respective legislation of the
Community and Latvia, including where these rules are applied to undertakings
located outside the respective territory.
Both authorities shall settle the cases in accordance with their own substantive rules,
and having regard to the provisions set out below. The relevant substantive rules of
the authorities are the competition rules of the Treaty establishing the European
Community as well as the ECSC Treaty including the competition-related secondary
legislation, for the EC Commission and the Latvian Competition law and the relevant
by-laws.
ECONOMIC ACTIVITIES UNDER THE EC TREATY
ARTICLE 2 : COMPETENCE OF BOTH COMPETITION AUTHORITIES
Cases under Article 64 of the Europe Agreement which may affect both the
Community and the Latvian market and which may fall under the competence of both
competition authorities shall be dealt with by the EC Commission and the Anti-
Monopoly Committee, according to the rules under this Article.
1
  From 1 January 1998, the Competition Authority.
                                               J
 ---pagebreak---   2.1      Notification
 2.1.1 The competition authorities shall notify to each other those cases they are
 dealing with, which, according to the general principle laid out in Article 1, appear to
  fall as well under the competence of the other authority.
 2.1.2. This situation may arise in particular in cases concerning activities that :
                  Involve anticompetitive activities carried out in the other authority's
                  territory,
                  Are relevant to enforcement activities of the other competition
                  authority,
                  Involve remedies that would require or prohibit conduct in the other
                  authority's territory.
 2.1.3. Notification under this article shall include sufficient information to permit an
 initial evaluation by the recipient party of any effects on its interests. Copies of the
 notifications shall be submitted on a regular basis to the Association Council.
 2.1.4. Notification shall be made in advance, as soon as possible and at the latest at
 the stage of an investigation still far enough in advance of the adoption of a settlement
 or decision, so as to facilitate comments or consultations and to enable the proceeding
authority to take into account the other authority's views, as well as to take such
remedial actions it may find feasible under its own laws, in order to deal with the case
in question.
2.2       Consultation and Comity
 Whenever the EC Commission or the Anti-Monopoly Committee consider that
anticompetitive activities carried out on the territory of the other authority are
substantially affecting important interests of the respective Party, it may request
consultation with the other authority, or it may request that the other Party's
competition authority initiate any appropriate procedures with a view to take remedial
action under its legislation on anticompetitive activities. This is without prejudice to
any action under the requesting Party's competition law and does not hamper the full
freedom of ultimate decision of the authority so addressed.
2.3       Finding of an Understanding
The competition authority so addressed shall give full and sympathetic consideration
to such views and factual materials as may be provided by the requesting authority
and, in particular, to the nature of the anticompetitive activities in question, the
enterprises involved and the alleged harmful effects on the important interests of the
requesting Party.
Without prejudice to any of their rights or obligations, the competition authorities
involved in consultations under this Article shall endeavour to find a mutually
acceptable solution in the light of the respective important interests involved.
                                            6
 ---pagebreak--- ARTICLE 3 : COMPETENCE OF ONE COMPETITION AUTHORITY ONLY
3.1     Cases falling under the exclusive competence of one competition authority, in
accordance with the principle laid down in Article 1, and which may affect important
interests of the other Party, shall be handled having regard to the provisions set out in
Article 2, and taking account of the principles set out below,
3.2     In particular, whenever one of the competition authorities undertakes an
investigation or proceeding in a case which is found important interests of the other
Party, the proceeding authority shall notify this case to the other authority, without
formal request by the latter.
ARTICLE 4 : REQUEST FOR INFORMATION
Whenever the competition authority of a Party becomes aware of the fact that a case,
falling also or only under the competence of the other authority, appears to affect
important interests of the first Party, it may request information about this case from
the proceeding authority.
The proceeding authority shall give sufficient information to the extent possible and at
a stage of its proceedings far enough in advance of the adoption of a decision or
settlement to enable the requesting authority's views to be taken into account.
ARTICLE 5 -.SECRECY AND CONFIDENTIALITY OF INFORMATION
5.1     Having regard to Article 64 para. 7 of the Europe Agreement, neither
competition authority is required to provide information to the other authority if
disclosure of that information to the requesting authority is prohibited by the law of
the authority possessing the information, or would be incompatible with important
interests of the Party whose authority is in possession of the information.
5.2.    Each authority agrees to maintain, to the fullest extent possible, the
confidentiality of any information provided to it in confidence by the other authority.
ARTICLE 6 : BLOCK EXEMPTIONS
In the application of Article 64 of the Europe Agreement as provided for in Articles 2
and 3 above, the competition authorities shall ensure that the principles contained in
the block exemption regulations in force in the Community shall be applied in full
The Anti-Monopoly Committee shall be informed of any procedure related to the
adoption, abolition or modification of Block Exemptions by the Community.
Where such block exemption regulations encounter serious objections on the Latvian
side, and having regard to the approximation of legislation as foreseen in the Europe
Agreement, consultations shall take place in the Association Council, in accordance
with the provisions contained in Article 9.
The same principles shall apply regarding other significant changes in the Community
or Latvian competition policies.
 ---pagebreak--- ARTICLE 7 : MERGER CONTROL
With regard to mergers which fall within Council Regulation (EEC) n° 4064/89 on
the control of concentrations between undertakings2 and which have a significant
impact on the Latvian economy, the Anti-Monopoly Committee shall be entitled to
express its view in the course of the procedure, taking into account the time limits as
provided for in the aforementioned Regulation. The EC Commission shall give due
consideration to that view, without prejudice to any action under the Parties'
respective competition laws.
ARTICLE 8 : ACTIVITIES OF MINOR IMPORTANCE
8.1      Anticompetitive activities whose effects on trade between the Parties or on
competition are negligible, do not fall under Article 64 para 1 of the Europe
Agreement, and therefore, are not to be treated under the Articles 2 to 6 of the present
implementing rules.
8.2      Negligible effects in the sense of Article 8.1 are generally presumed to exist
when
                 the aggregate annual turnover of the participating undertakings does
                 not exceed ECU 200 millions, and
                 the goods or services which are the subject of the agreement together
                 with the participating undertakings' other goods or services which are
                 considered by users to be equivalent in view of their characteristics,
                 price and intended use, do not represent more than 5% of the total
                 market for such goods or services in the area of the common market
                 affected by the agreement, and the Latvian market affected by the
                 agreement.
ARTICLE 9 : ASSOCIATION COUNCIL
9.1      Whenever the procedures provided for in Articles 2 an 3 above do not lead to a
mutually acceptable solution, as well as in other cases explicitly mentioned in .the
present implementing rules, and exchange of views shall take place in the Association
Council at the request of one Party within three months following the request.
9.2      Following this exchange of views, or after of the period referred to in para
9.1., the Association Council may make appropriate recommendations for the
settlement of these cases, without prejudice to Article 64 para 6 of the Europe
Agreement. In these recommendations, the Association Council may take into
   O J n ° L 395 of 30.12.89, as last modified by Regulation (EC) n° 1310/97 (OJ n° L 180 of
09.07.1997).
                                                ff
 ---pagebreak--- account any failure of the requested authority to give its point of view to the
requesting authority within the period referred to in para. 9.1.
9.3      These procedures in the Association Council are without prejudice to any
action under the respective competition laws in force in the territory of the Parties.
ARTICLE 10 : NEGATIVE CONFLICT OF COMPETENCE
When both the EC Commission and the Anti-Monopoly Committee consider that
neither of them is competent to handle a case on the basis of their respective
legislation an exchange of views shall take place on request in the Association
Council. The Community and Latvia shall endeavour to find a mutually acceptable
solution in the light of the respective important interests involved with the support of
the Association Council, which may make appropriate recommendations, without
prejudice of Article 64 para. 6 of the Europe Agreement, and the rights of individual
EU Member States on the basis of their competition rules.
ECONOMIC ACTIVITIES UNDER THE ECSC TREATY
ARTICLE 11 : TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL
COMMUNITY (ECSC)
The provisions contained in Articles 1 to 6 and 8 to 10 above shall also apply with
respect to the coal and steel sector.
ARTICLE 12 : ADMINISTRATIVE ASSISTANCE (LANGUAGES)
The EC Commission and the Anti-Monopoly Committee will provide for practical
arrangements for mutual assistance or any other appropriate solution concerning in
particular the question of translations.
                                          3
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(98) 68 final
                                              DOCUMENTS
EN                                                                 11 06 01
                                    Catalogue number : CB-CO-98-120-EN-C
                                                              ISBN 92-78-31651-2
Office for Official Publications of the European Communities
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