WRITTEN QUESTION E-1956/99 by Gerhard Hager (NI) to the Commission. Amendment of European competition law.
20. 6. 2000 EN Official Journal of the European Communities C 170 E/131 Answer by Ms Diamantopoulou on behalf of the Commission (24 November 1999) The Commission contacted the Austrian authorities on 3 September 1999 to ascertain what action had been taken in the event that Community aid had been misused by the Euroteam Vienna Groupí for training purposes and, more particularly, the corrective measures taken by the Federal Ministry for Labour, Health and Social Affairs. This letter has remained unanswered. According to the information available, the Vienna public prosectorís department is still investigating the activities of the Euroteam Vienna Groupí while the national audit office ( Rechnungshofí) is carrying out an inspection ( Gebarungsüberprüfungí) involving local enquiries ( Vorortsprüfungí). A draft report will not be submitted until early next year. (2000/C 170 E/158) WRITTEN QUESTION P-1951/99 by Helle Thorning-Schmidt (PSE) to the Commission (19 October 1999) Subject: Equality between registered partnerships and marriage in connection with employment regulations In connection with the Staff Regulations, when does the Commission intend to bring in equality between registered partnerships (marriage between two persons of the same sex in accordance with the relevant Member State rules) and marriage between two persons of different sexes so that, as soon as possible, European Community employees living in a registered partnership and their families can enjoy the same rights under the Staff Regulations as married employees? Answer given by Mr Kinnock on behalf of the Commission (26 November 1999) In their current form the staff regulations relating to officials and other servants of the European Communities are specific in linking certain welfare rights and allowances to the status of ámarriedí persons. in such provision would require amendment to the text of various Including áregistered partnershipsí existing provisions of the staff regulations and such changes would have to take the form of a Council Regulation. As the Honourable Member will know, differences exist in the laws of Member States in relation to ámarriageí and áregistered partnershipsí, whether heterosexual or homosexual, as regulated and recognised in law in some Member States. In 1997 the Commission adopted various measures that gave some recognition to ástable relationshipsí so as to be able to grant heterosexual and homosexual non-married couples (officials or other servants) a number of administrative facilities that are not covered by the staff regulations and are neutral in money terms. In this connection, the Williamsoní groupís report on modernising the staff regulations suggests that the Commission should give thought to the issue of áregistered partnershipsí and to their potential recognition. In the light of the contents of that document, and in the context of the current deliberations on reform of relevant parts of the staff regulations, the Commission envisages the possibility of tabling a proposal along the lines indicated by the Honourable Member that would also take account of legislation in the Member States. (2000/C 170 E/159) WRITTEN QUESTION E-1956/99 by Gerhard Hager (NI) to the Commission (5 November 1999) Subject: Amendment of European competition law The Commission plans to amend European competition law so that the current system of investigating prior to authorising mergers will be transformed into one where checks are carried out subsequently. Can the Commission answer the following questions: C 170 E/132 Official Journal of the European Communities EN 20. 6. 2000 At what stage of development are the Commission plans? How would the above-mentioned reform affect the working methods of the Commission? How long would the procedure take between the moment when suspicions of an illegal merger first arise and the adoption of a final decision? Does the Commission proposal provide for claims for damages by persons affected adversely directly or indirectly by the activities of a trust which is subsequently deemed illegal? Answer given by Mr Monti on behalf of the Commission (19 November 1999) On 28 April 1999 the Commission adopted a White Paper concerning changes to the procedural rules applicable to restrictive practices and the abuse of dominant positions (1). The White Paper does not cover mergers, which still have to be notified and given prior authorisation before being put into effect. The Commission has received many comments from the Member States and other interested parties, Parliament and the Economic and Social Committee are also looking at its proposals. On the basis of the reactions it receives, the Commission will pursue its efforts with a view to drawing up a proposal for a Council Regulation to replace the existing one, i. e. Regulation No 17, the first Regulation implementing Articles 85 and 86 of the EC Treaty (2). The new proposal is expected to be adopted by the Commission and sent to the Council in the second half of 2000. The Commissionís work would be radically changed by this reform, in particular by the abolition of the system of notifying restrictive practices. The bureaucracy involved in handling notifications would be eliminated, the most serious infringements of the competition rules. leaving the Commission free to concentrate on taking action against As for the prohibition system, the length of the procedure varies considerably from one case to the next. The White Paper proposes the introduction of a four-month time-limit, at the end of which the Commission would inform complainants of the action it intended to take on their complaint. The only requirement that can be imposed on the rest of the procedure is that it be completed within a reasonable timeframe. The Community courts ensure that this requirement is met. Under the system proposed in the White Paper, agreements that restrict competition and fail to meet the conditions laid down in Article 81(3) would be prohibited and rendered void ab initio without the need for a Commission decision. The victims of such restrictive practices would be able to claim damages in the national courts to compensate for the harm they had suffered. The Commissionís proposed reform in no way affects the rights of victims to obtain damages. (1) COM(1999) 101 final. (2) OJ 13, 21. 2. 1962. (2000/C 170 E/160) WRITTEN QUESTION E-1963/99 by Gerhard Hager (NI) to the Council (9 November 1999) Subject: Impact of the Schengen visa on competition In recent years, it has become increasingly common among Austrian haulage companies to employ citizens from central and eastern Europe holding a six-month Schengen visa but no work permit as drivers for journeys within Europe for financial reasons. As a result of this common practice, Union citizens have found it increasingly difficult to find employment in this sector