WRITTEN QUESTION E-1118/00 by Luis Berenguer Fuster (PSE) to the Commission. Mergers in the electricity sector.
20. 2. 2001 EN Official Journal of the European Communities C 53 E/79 By approving the country strategy for the Russian Federation, the board of directors has, over time, confirmed that operations in that country are consistent with the EBRD purpose and functions. 3. As indicated in response to question 1, the EBRD is currently preparing the 2000 country strategy for the Russian Federation. This exercise has included a special meeting of the EBRD executive committee on 16 February 2000 and a board workshop on 5 April 2000 at which a paper summarising the key issues for inclusion in the draft country strategy paper was discussed. Final approval by the board of directors of the new Russia strategy is expected by end July 2000. 4. In the reviews and assessments described in answer to Question 3, neither the board of governors, the board of directors nor the President has concluded that any provision of the agreement establishing the EBRD or any of the EBRD policies in its lending to Russian companies has been breached. If evidence were brought to the Commissionís attention that EBRD management had breached the 5. EBRD agreed operating principles and policies in its lending to Russian companies, the matter would first be concerted internally and with the other directors before being put forward to the appropriate fora (notably the EBRD board of directors and, its board of governors) for decisions on the if necessary, appropriate sanctions. (1) OJ C 170 E, 20. 6. 2000, p. 68. (2001/C 53 E/095) WRITTEN QUESTION E-1118/00 by Luis Berenguer Fuster (PSE) to the Commission (11 April 2000) Subject: Mergers in the electricity sector The Commission has recently expressed reservations regarding the Spanish authoritiesí limited indepen- dence as regards competition. This lack of independence is particularly apparent where mergers are concerned, in which field the relevant procedure is carried out under the supervision of the Anti-Trust Department (part of the Treasury). Cases are approved by the government itself, whilst the Anti-Trust Tribunal merely issues a report. According to sources within Spainís ruling party, HidrocantÆbrico shares are to be publicly offered for sale to Unión Fenosa. This would reduce competition in the electricity sector and would increase the power of the third-largest operator in Spain. In addition there are rumours of a merger between Endesa, Fecsa and Sevillana de Electricidad, although no application has been made to the Spanish competition authorities. Under these circumstances the Spanish authorities are unlikely to exercise any control over mergers within the electricity sector. Is the Commission therefore planning any action to control merger operations within the Spanish electricity sector? Answer given by Mr Monti on behalf of the Commission (8 June 2000) In its recommendation for the 2000 broad economic guidelines of the economic policies of the Member States and the Community (1), the Commission stated that Spain should give priority to continuing the 1999 reform of the competition law and within this reform should give particular attention to reinforcing the capacity of the independent competition authority to investigate cases. The Commission is only entitled to control merger operations which have Community dimension in the meaning of the Merger Regulation (2). C 53 E/80 Official Journal of the European Communities EN 20. 2. 2001 The operations mentioned by the Honourable Member, according to the information received by the Commission, did not have Community dimension and were or are being assessed by the Spanish competition authorities. (1) Ecfin 209/00, http://europa. eu. int/comm/economy_finance/document/econeur/berg/gope2000_en. pdf. (2) A concentration has a Community dimension where: (a) the combined aggregate world-wide turnover of all the undertakings concerned is more than € 5 000 million; and (b) the aggregate Community-wide turnover of each of at least two of the undertakings concerned is more than € 250 million, unless each of the undertakings concerned achieves more than two thirds of its aggregate Community-wide turnover within one and the same Member State. A concentration that does not meet the thresholds laid down above has a Community dimension where: (a) the combined aggregate world-wide turnover of all the undertakings concerned is more than € 2 500 million; (b) in each of at least three Member States, the combined aggregate turnover of all the undertakings concerned is more than € 100 million; (c) in each of at least three Member States included for the purpose of point (b), the aggregate turnover of each of at least two of the undertakings concerned is more than € 25 million; and (d) the aggregate Community-wide turnover of each of at least two of the undertakings concerned is more than € 100 million; unless each of the undertakings concerned achieves more than two-thirds of its aggregate Community-wide turnover within one and the same Member State. (2001/C 53 E/096) WRITTEN QUESTION E-1122/00 by Bart Staes (Verts/ALE) to the Commission (11 April 2000) Subject: White Paper on Food Safety and the European Food Authority The White Paper on Food Safety (COM(1999) 719 final) was published in January 2000. Chapter 4 is concerned with establishing a European Food Authority (EFA). Chapter 5 considers legislation on food safety. In the White Paper the Commission says that it seeks a high level of food safety and consumer protection. This objective affects the entire food chain, including imports from third countries. Accordingly, there is an obvious need for an integrated approach to food safety. The White Paper consists of 117 sections and in the Annex it lists 84 legislative measures which have to be implemented as a matter of priority in three yearsí time. Does the Commission acknowledge that in the past the procedure for adopting legislation has usually taken more than three years? If so, how will the Commission manage to meet the proposed deadline? Will this require any procedural changes? (2001/C 53 E/097) WRITTEN QUESTION E-1127/00 by Bart Staes (Verts/ALE) to the Commission (11 April 2000) Subject: White Paper on Food Safety and the European Food Authority The White Paper on Food Safety (COM(1999) 719 final) was published in January 2000. Chapter 4 is concerned with establishing a European Food Authority (EFA). Chapter 5 considers legislation on food safety. The Commission seeks to restore and maintain a high level of consumer protection and consumer confidence (section 29 ff. ). Establishing a European Food Authority is intended to help. The Commission has not opted for an American-style agency. The regulatory committees with representatives of the Member States will continue to be responsible for drafting and taking decisions. Decision-making on food safety will therefore continue to be influenced by considerations other than scientific ones