WRITTEN QUESTION No. 3120/98 by Raimo ILASKIVI to the Commission. The Leonia Bank's monopoly
21. 5. 1999 EN Official Journal of the European Communities C 142/87 Answer given by Mr Kinnock on behalf of the Commission (3 December 1998) The establishment of a liberalised civil aviation market in the Community on 1 January 1993 ended differences between scheduled and non-scheduled air services in respect of access to intra-Community links. Consequently, no particular provisions govern the service provisions of charter flights in Europe. Nevertheless, Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (1) provides certain provisions for passengers travelling on a package tour. According to Article 4 of this Directive, the tour organiser has a liability for compensating the consumer for any difference between the services offered and those supplied. Delays are not, however, expressly covered. Passengers buying transport on non-scheduled flights are not currently covered by this Directive. A Council regulation (2) which amends Regulation (EEC) 295/91 of 4 February 1991 should remedy that omission by extending the rules for a denied boarding compensation system to non-scheduled flights. (1) OJ L 158, 23. 6. 1990. (2) COM(98) 580 final. (1999/C 142/107) WRITTEN QUESTION E-3120/98 by Raimo Ilaskivi (PPE) to the Commission (16 October 1998) Subject: The Leonia Bank’s monopoly The Leonia Bank, which is owned by the Finnish State, has enjoyed a total monopoly on payment transactions on behalf of the State. These transactions have not been subjected to competitive tendering, although the competition authority and other financial institutions have called for this to be done. According to the most recently published statement on the subject (published on 29 September 1998), the Finance Ministry did not consider it necessary to invite competitive tenders because the bank so far remains wholly owned by the State. Is it right to exclude healthy competition from the State’s financial affairs, particularly the execution of payment transactions, and if not, what will the Commission do to enforce competition? Answer given by Mr Van Miert on behalf of the Commission (25 November 1998) The Commission would remind the Honourable Member that monopolies as such are not prohibited. However, in the case of a state monopoly such as the one referred to, Article 90 of the EC Treaty is applicable in so far as it stipulates that, as regards public undertakings and undertakings to which they grant special or exclusive rights, Member States must not enact or maintain in force any measures contrary to the EC Treaty. In the case of Leonia Bank, the Commission does not possess sufficient information for it to determine whether or not the Community competition rules have been complied with