Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ECON | EPPINK Derk Jan ( ECR) | |
Committee Opinion | CULT | ||
Committee Opinion | ENVI | ||
Committee Opinion | TRAN | CRAMER Michael ( Verts/ALE) | Georges BACH ( PPE) |
Committee Opinion | IMCO | BUŞOI Cristian-Silviu ( ALDE) | Dennis de JONG ( GUE/NGL), Matteo SALVINI ( ENF), Catherine STIHLER ( S&D) |
Committee Opinion | ITRE | KOCH-MEHRIN Silvana ( ALDE) | Bendt BENDTSEN ( PPE), Sajjad KARIM ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
The European Parliament adopted a resolution on the Report on Competition Policy 2009. It welcomes t his Report and notes that the Commission was quick to react to the financial crisis.
Parliament continues to support a more active role for Parliament in the shaping of competition policy through the introduction of a co-legislative role. It asks for Parliament to be informed regularly of any initiatives in this field and invites the Commission once again, as the sole EU-wide competent competition authority, to report to Parliament in detail and annually about the follow-up to Parliament's recommendations and to explain any departure from Parliament's recommendations.
The resolution stresses that an EU competition policy based on the principles of open markets and a level playing field in all sectors is a cornerstone of a successful internal market and a precondition for the creation of sustainable and knowledge-based jobs.
Parliament stresses the importance of services of general interest in meeting the basic needs of the public. It also stresses the need to draft clear competition rules that are helpful and useful for SMEs .
Members underline the need for developing synergies between competition and consumer protection policies , including creating a European form of collective redress for individual victims of competition law violations, based on the criteria laid down in Parliament’s resolution of 26 March 2009 , stipulating that compensation should be paid to the identified group of people or their nominee only for the damage actually suffered.
The resolution recalls its resolution of 25 April 2007 on the Green Paper on damages actions for breach of the EC antitrust rules and stresses that the pending legislative proposal in relation thereto should include the content of Parliament’s resolution of 26 March 2009.
Parliament underlines that the current drive for fiscal consolidation and sustainable recovery should be used by Member States in order to progress towards a more level fiscal playing field. It considers, in this respect, that environmental (carbon, resource) taxation provides an appropriate solution.
(1) Competition Policy and the Financial and Economic Crisis : Members welcome the temporary State aid rules established in response to the financial and economic crisis. They emphasise the need to discontinue temporary measures and exemptions as soon as possible, particularly in the automotive sector . They urge the Commission to provide clarity on the phasing out criteria that will be used to decide on their possible extension.
The Commission is called upon to:
prepare a detailed evaluation of decisions adopted within the framework of the application of the temporary State aid measures in response to the economic and financial crisis; publish, during the course of 2010, a comprehensive report on the effectiveness of State aid granted for 'green recovery' and State aid for environmental protection; ensure that banks reimburse State aid as soon as the financial sector has recovered, ensuring fair competition within the internal market and a level playing field with regard to exit conditions; clarify the binding restructuring measures related to potential distortive effects resulting in differences in repayment conditions between Member States.
Parliament stresses the need to restore the competitive position of financial institutions which did not have recourse to the temporary rules on State aid.
(2) State aid control : the resolution stresses that it is important for the Commission to monitor the use of State aid carefully in order to ensure that these support arrangements are not used to protect national industries in a manner detrimental to the internal market and European consumers. Members consider it essential, when assessing whether State aid is compatible with the Treaty, to find the right balance between the negative effects of State aid on competition and public finances and its positive effects in terms of common interests.
Parliament urges the Commission to carefully inspect fiscal State aid regimes in force in certain Member States to check their non-discriminatory and transparent nature. The Commission is urged to examine the extent to which a too generous allocation of free EUA (European Union Allowances) permits in certain sectors may distort competition.
The resolution underlines that State aid should be channelled primarily into promoting common-interest projects within the Union , such as the deployment of broadband and energy infrastructures.
Members reiterate their support for the Commission guidelines on State aid for environmental protection in the field of transport , with a view to bolstering sustainability in the European transport sector.
(3) Antitrust : the resolution recalls that cartels represent some of the most serious violations of competition law. It believes that such infringements of competition law run counter to the interests of EU citizens since they do not allow consumers to benefit from lower prices.
Members welcome the firm stance the Commission has taken on anti-competitive behaviour in recent years and the extension of the Vertical Block Exemption Regulation. They point out, however that the Commission has failed to take sufficient account of the specific circumstances relating to online sales, particularly with regard to the Digital Agenda and in view of its current efforts to complete the internal market for e-commerce .
The Commission is invited to consider, within the integrated regulatory framework on the protection of intellectual property rights , the use of competition legislation as a tool for preventing any abuse of IPRs.
Members believe that the use of ever higher fines as the sole antitrust instrument may be too blunt, not least in view of the job losses that may result from an inability to make payments, and call for the development of a wider range of more sophisticated instruments covering such issues as individual responsibility, transparency and accountability of firms, shorter procedures, the right of defence and due process, mechanisms to ensure the effective operation of leniency applications, corporate compliance programmes and the development of European standards.
The resolution favours a ‘ carrot-and-stick ’ approach with penalties that serve as an effective deterrent, in particular for repeat offenders, while encouraging compliance.
(4) Sector developments : the Commission is invited, inter alia, to:
monitor developments in commodity-related markets following the conclusions of the European Council of June 2008 and, where appropriate, to tackle speculation; go to great lengths to ensure that data on financial markets is disclosed in full compliance with the provisions of EU competition law and; supervise SEPA (the Single Euro Payments Area) and continue efforts to ensure effective competition on the payment cards markets, in accordance with the principles of SEPA, with a view to facilitating cross-border payments and maximising the potential of the internal market; monitor closely the implementation of the third energy liberalisation package by Member States and to assess its effectiveness in creating a functioning internal market and encourage the Commission to initiate a further inquiry into the energy sector; follow closely technological developments in the digital market and to react swiftly where necessary in order to keep digital platforms as open as possible by strictly applying competition rules; make sure that NRAs in the telecommunications sector follow its recommendation on call termination rates, in to eliminate distortion of competition; ask the Commission to envisage in its 2011 review of Regulation (EC) No 544/2009 the option of totally abolishing intra-EU roaming fees ; report on, and speed up progress on its investigations into, the application of State aid rules to the postal sector ; look in greater detail at competition in the agro-industrial sector in terms of transparency and consumer price evolution and to produce a study focusing in particular on the effects of the market power that major food suppliers and wholesale distributors have which allows them to influence the functioning of the food market; improve competition in the pharmaceutical sector and asks the Commission to expedite the completion of the internal market in medicines; monitor the health sector and, in particular, competition between public and private hospitals; secure completion of the internal market for transport , and fair competition in the transport field; avoid unfair competition within the liberalised road transport sector by guaranteeing that social, safety and environmental rules are properly applied, paying special attention both to the opening up of this market to cabotage and to dumping practices; seek the completion of the single railway market through the opening of national passenger transport markets.
Lastly, Parliament supports firmly the creation of an EU patent and an EU-wide patent dispute settlement mechanism to tackle competition distortions caused by the current provisions on patents. It urges the Member States, therefore, to speedily find a solution to the outstanding issues regarding the EU single patent system. For that reason it welcomes the objective of the first EU patents being delivered in 2014.
The Committee on Economic and Monetary Affairs adopted the own-initiative report by Derk Jan EPPINK (ECR, BE) on the R eport on Competition Policy 2009.
Members welcome this Report and note that the Commission was quick to react to the financial crisis.
The committee continues to support a more active role for Parliament in the shaping of competition policy through the introduction of a co-legislative role. It asks for Parliament to be informed regularly of any initiatives in this field and invites the Commission once again, as the sole EU-wide competent competition authority, to report to Parliament in detail and annually about the follow-up to Parliament's recommendations and to explain any departure from Parliament's recommendations.
The committee stresses that an EU competition policy based on the principles of open markets and a level playing field in all sectors is a cornerstone of a successful internal market and a precondition for the creation of sustainable and knowledge-based jobs.
The report stresses the importance of services of general interest in meeting the basic needs of the public. It stresses the need to draft clear competition rules that are helpful and useful for SMEs .
Members underline the need for developing synergies between competition and consumer protection policies , including creating a European form of collective redress for individual victims of competition law violations, based on the criteria laid down in Parliament’s resolution of 26 March 2009 , stipulating that compensation should be paid to the identified group of people or their nominee only for the damage actually suffered.
The report recalls its resolution of 25 April 2007 on the Green Paper on damages actions for breach of the EC antitrust rules and stresses that the pending legislative proposal in relation thereto should include the content of Parliament’s resolution of 26 March 2009.
The committee underlines that the current drive for fiscal consolidation and sustainable recovery should be used by Member States in order to progress towards a more level fiscal playing field. It considers, in this respect, that environmental (carbon, resource) taxation provides an appropriate solution.
(1) Competition Policy and the Financial and Economic Crisis : Members welcome the temporary State aid rules established in response to the financial and economic crisis. They emphasise the need to discontinue temporary measures and exemptions as soon as possible, particularly in the automotive sector . They urge the Commission to provide clarity on the phasing out criteria that will be used to decide on their possible extension.
The Commission is called upon to:
prepare a detailed evaluation of decisions adopted within the framework of the application of the temporary State aid measures in response to the economic and financial crisis; publish, during the course of 2010, a comprehensive report on the effectiveness of State aid granted for 'green recovery' and State aid for environmental protection; ensure that banks reimburse State aid as soon as the financial sector has recovered, ensuring fair competition within the internal market and a level playing field with regard to exit conditions;
clarify the binding restructuring measures related to potential distortive effects resulting in differences in repayment conditions between Member States.
(2) State aid control : the report stresses that it is important for the Commission to monitor the use of State aid carefully in order to ensure that these support arrangements are not used to protect national industries in a manner detrimental to the internal market and European consumers. Members consider it essential, when assessing whether State aid is compatible with the Treaty, to find the right balance between the negative effects of State aid on competition and public finances and its positive effects in terms of common interests.
The committee urges the Commission to carefully inspect fiscal State aid regimes in force in certain Member States to check their non-discriminatory and transparent nature. The Commission is urged to examine the extent to which a too generous allocation of free EUA (European Union Allowances) permits in certain sectors may distort competition.
The report underlines that State aid should be channelled primarily into promoting common-interest projects within the Union , such as the deployment of broadband and energy infrastructures.
Members reiterate their support for the Commission guidelines on State aid for environmental protection in the field of transport , with a view to bolstering sustainability in the European transport sector.
(3) Antitrust : the committee recalls that cartels represent some of the most serious violations of competition law. It believes that such infringements of competition law run counter to the interests of EU citizens since they do not allow consumers to benefit from lower prices.
Members welcome the firm stance the Commission has taken on anti-competitive behaviour in recent years and the extension of the Vertical Block Exemption Regulation. They point out, however that the Commission has failed to take sufficient account of the specific circumstances relating to online sales, particularly with regard to the Digital Agenda and in view of its current efforts to complete the internal market for e-commerce .
The Commission is invited to consider, within the integrated regulatory framework on the protection of intellectual property rights , the use of competition legislation as a tool for preventing any abuse of IPRs.
Members believe that the use of ever higher fines as the sole antitrust instrument may be too blunt, not least in view of the job losses that may result from an inability to make payments, and call for the development of a wider range of more sophisticated instruments covering such issues as individual responsibility, transparency and accountability of firms, shorter procedures, the right of defence and due process, mechanisms to ensure the effective operation of leniency applications, corporate compliance programmes and the development of European standards.
The report favours a ‘ carrot-and-stick ’ approach with penalties that serve as an effective deterrent, in particular for repeat offenders, while encouraging compliance.
(4) Sector developments : the Commission is invited, inter alia, to:
monitor developments in commodity-related markets following the conclusions of the European Council of June 2008 and, where appropriate, to tackle speculation; go to great lengths to ensure that data on financial markets is disclosed in full compliance with the provisions of EU competition law and; supervise SEPA (the Single Euro Payments Area) and continue efforts to ensure effective competition on the payment cards markets, in accordance with the principles of SEPA, with a view to facilitating cross-border payments and maximising the potential of the internal market; monitor closely the implementation of the third energy liberalisation package by Member States and to assess its effectiveness in creating a functioning internal market and encourage the Commission to initiate a further inquiry into the energy sector; follow closely technological developments in the digital market and to react swiftly where necessary in order to keep digital platforms as open as possible by strictly applying competition rules; make sure that NRAs in the telecommunications sector follow its recommendation on call termination rates, in to eliminate distortion of competition; ask the Commission to envisage in its 2011 review of Regulation (EC) No 544/2009 the option of totally abolishing intra-EU roaming fees ; report on, and speed up progress on its investigations into, the application of State aid rules to the postal sector ; look in greater detail at competition in the agro-industrial sector in terms of transparency and consumer price evolution and to produce a study focusing in particular on the effects of the market power that major food suppliers and wholesale distributors have which allows them to influence the functioning of the food market; improve competition in the pharmaceutical sector and asks the Commission to expedite the completion of the internal market in medicines; monitor the health sector and, in particular, competition between public and private hospitals; secure completion of the internal market for transport , and fair competition in the transport field; seek the completion of the single railway market through the opening of national passenger transport markets.
Lastly, the report supports firmly the creation of an EU patent and an EU-wide patent dispute settlement mechanism to tackle competition distortions caused by the current provisions on patents.
PURPOSE: to present the Commission report on competition policy in 2009.
CONTENT: the Commission’s annual report on competition policy 2009 is divided into six sections, as follows:
it provides an overview of how the instruments of competition policy, namely the State aid, anti-trust and merger control rules, were further developed and applied; it discusses how these and other instruments were deployed in selected sectors, including financial services, energy and environment, electronic communications, information technology, the media, the pharmaceutical industry, health care services transport, postal services, the automotive industry and the food industry; it gives an overview of consumer related activities developed last year; it looks at cooperation within the European Competition Network (ECN) and with national courts; section five deals with international activities; in section six, a brief description of inter-institutional cooperation is given.
The report notes that in 2009, the European Parliament adopted a resolution on the White Paper on Damages Actions for breach of the EC antitrust rules and the Annual Competition Reports for 2006 and 2007. In addition to the regular dialogue between the Commissioner for Competition and the ECON committee, the Commission participated in discussions held in other Parliamentary committees and on a range of subjects including the Annual Competition Report, the White Paper on Damages Actions, the Broadcasting Communication, State aid and the financial crisis, the Pharmaceutical Sector Inquiry and the Motor Vehicle Block Exemption Regulation. Bilateral meetings with MEPs were held on these and on a range of other issues.
The Annual Report on Competition also features a focus chapter on a topic considered of particular importance in the field of competition policy. The topic chosen for this year is "Competition policy and the financial and economic crisis". Special attention is paid to the Commission's assessment of national measures adopted as a response to the financial crisis, whether these measures consist of national schemes or measures targeting individual companies of the financial sector. In a similar way, particular attention is also given to the measures implemented within the Temporary Framework , to palliate the effects of the crisis on the real economy. A request to that end was made by the European Parliament in its draft resolution on the Annual Report on Competition Policy for 2008, under discussion at the time of finalising this edition of the Annual Competition Report.
The role of competition policy in the context of the financial crisis : the paper recalls that early on in the crisis, Member States decided to inject large amounts of State aid into the financial sector and had identified various types of solutions, from guarantee-based schemes to recapitalisations. It discusses the adoption of various Communications, including the Banking and Recapitalisation Communications, the Impaired Assets Communication, which responded to a growing consensus on the need to tackle the root causes of the crisis in the form of toxic assets on banks' balance sheets, and the Restructuring Communication which reflects the Commission's thinking for a future beyond the current crisis, with a viable banking sector. Restructuring plans have been approved amongst others for Commerzbank, ING, RBS, Lloyds' Banking Group and KBC, whilst many others are currently being assessed.
As banks were deleveraging and becoming much more risk-averse than in previous years, companies started to experience difficulties with access to credit. The Commission adopted the Temporary Framework for State aid measures to support access to finance in the current financial and economic crisis. This Temporary Framework (applicable until end-2010), which has been amended on several occasions, gives Member States additional options on tackling the effects of the credit squeeze on the real economy. The Temporary Framework focuses on two objectives:
maintaining continuity in companies' access to finance (e.g. by allowing Member States to grant State guarantees for loans at reduced premia or subsidised interest rates for loans and the granting of up to EUR 500 000 per company); and encouraging companies to continue investing in a sustainable future (e.g. by allowing subsidised loans for the development of green products).
It also includes temporary adaptations of existing guidelines as a simplification of the rules on short term export credit insurance and an increase in the ceilings for risk capital investments. By 31 December 2009, the Commission had approved 79 measures in 25 Member States aimed at stabilising companies and jobs in the real economy. The Temporary Framework was widely used to support the car industry, which can benefit from aid up to EUR 500 000 per company for the next two years (small amounts of aid), State guarantees on loans, subsidies loans (including specifically for green cars) and facilitated access risk capital for SMEs. Some of the measures the temporary framework provides for, are of particular relevance for the car industry since they allow the financing of projects for the development of low emission vehicles.
The Commission approved aid for green products, notified by France, United Kingdom, Spain, Germany and Italy. Furthermore, a number of Member States including France, United Kingdom, Germany, Belgium (Flemish region), and Romania have installed guarantee and/or subsidised loan schemes from which the car industry (as well as other industries) can benefit. For instance, a subsidised loan of EUR 1.5 billion was granted by Germany to Opel following the bankruptcy proceedings of its mother company General Motors, while France granted both Renault and PSA subsidised loans of EUR 3 billion. In addition, the Commission approved a State guarantee on an EIB loan notified by Sweden for Volvo Cars.
In general, Member States considered the Temporary Framework as a useful tool which has provided an important support for companies.
On deliveries and the costs involved , the Commission notes the following:
between October 2008 and 31 December 2009, the Commission had adopted 73 decisions in relation to 33 schemes and 68 decisions on individual measures to 38 banks. These 141 decisions encompass 21 Member States. Because of the urgency, some of those decisions were taken overnight, to avoid a domino effect and the major collapse of the EU's financial system; between October 2008 and the end of 2009, the Commission approved around EUR 3.63 trillion (equivalent to 29% of the EU-27 GDP) of State aid measures to financial institutions; as far as the real economy is concerned, by 31 December 2009, the Commission had approved 79 State aid measures in 25 Member States. Out of these measures, 18 related to guarantees, 11 to short-term export credit measures, nine to reduced interest rate loans, six to risk capital measures and five to reduced interest rate loans for green products. A large number of the measures approved (30) related to the granting of up to EUR 500 000 per undertaking; the autumn 2009 State aid Scoreboard shows that the overall aid volume rose in 2008 from around 0.5% of GDP to 2.2% of GDP or EUR 279.6 billion due to the financial and economic crisis. Crisis-related aid represented roughly 1.7% or EUR 212.2 billion and related to aid to financial institutions only. Aid to the real economy under the Temporary Framework started to be implemented by Member States only in 2009. Crisis measures aside, total aid amounted in 2008 to 0.5% of GDP or EUR 67.4 billion, a level similar to 2007 and the years before. Aid was mainly directed towards horizontal objectives of common interest (on average 88%), of which regional aid, research and development and environmental aid represented around two third whereas rescue and restructuring aid fell. Although figures for 2009 are not yet available, the volume and share of non-financial aid in 2009 is not expected to change dramatically.
The paper concludes that there is no doubt about the benefits of the State aid granted to the banking and insurance sector. The liquidity injected has prevented the meltdown of the financial system and has contributed to re-opening markets, provided more funds to the real economy and helped financial markets reach a more normal market functioning. In this crisis context, competition policy helped support financial stability and created the right conditions for stable financial markets in the short and longer terms. The timely intervention of the Commission has also limited the consequences of the credit crunch for the real economy. Equally important, the use of competition rules has helped protect taxpayers' money.
PURPOSE: to present the Commission report on competition policy in 2009.
CONTENT: the Commission’s annual report on competition policy 2009 is divided into six sections, as follows:
it provides an overview of how the instruments of competition policy, namely the State aid, anti-trust and merger control rules, were further developed and applied; it discusses how these and other instruments were deployed in selected sectors, including financial services, energy and environment, electronic communications, information technology, the media, the pharmaceutical industry, health care services transport, postal services, the automotive industry and the food industry; it gives an overview of consumer related activities developed last year; it looks at cooperation within the European Competition Network (ECN) and with national courts; section five deals with international activities; in section six, a brief description of inter-institutional cooperation is given.
The report notes that in 2009, the European Parliament adopted a resolution on the White Paper on Damages Actions for breach of the EC antitrust rules and the Annual Competition Reports for 2006 and 2007. In addition to the regular dialogue between the Commissioner for Competition and the ECON committee, the Commission participated in discussions held in other Parliamentary committees and on a range of subjects including the Annual Competition Report, the White Paper on Damages Actions, the Broadcasting Communication, State aid and the financial crisis, the Pharmaceutical Sector Inquiry and the Motor Vehicle Block Exemption Regulation. Bilateral meetings with MEPs were held on these and on a range of other issues.
The Annual Report on Competition also features a focus chapter on a topic considered of particular importance in the field of competition policy. The topic chosen for this year is "Competition policy and the financial and economic crisis". Special attention is paid to the Commission's assessment of national measures adopted as a response to the financial crisis, whether these measures consist of national schemes or measures targeting individual companies of the financial sector. In a similar way, particular attention is also given to the measures implemented within the Temporary Framework , to palliate the effects of the crisis on the real economy. A request to that end was made by the European Parliament in its draft resolution on the Annual Report on Competition Policy for 2008, under discussion at the time of finalising this edition of the Annual Competition Report.
The role of competition policy in the context of the financial crisis : the paper recalls that early on in the crisis, Member States decided to inject large amounts of State aid into the financial sector and had identified various types of solutions, from guarantee-based schemes to recapitalisations. It discusses the adoption of various Communications, including the Banking and Recapitalisation Communications, the Impaired Assets Communication, which responded to a growing consensus on the need to tackle the root causes of the crisis in the form of toxic assets on banks' balance sheets, and the Restructuring Communication which reflects the Commission's thinking for a future beyond the current crisis, with a viable banking sector. Restructuring plans have been approved amongst others for Commerzbank, ING, RBS, Lloyds' Banking Group and KBC, whilst many others are currently being assessed.
As banks were deleveraging and becoming much more risk-averse than in previous years, companies started to experience difficulties with access to credit. The Commission adopted the Temporary Framework for State aid measures to support access to finance in the current financial and economic crisis. This Temporary Framework (applicable until end-2010), which has been amended on several occasions, gives Member States additional options on tackling the effects of the credit squeeze on the real economy. The Temporary Framework focuses on two objectives:
maintaining continuity in companies' access to finance (e.g. by allowing Member States to grant State guarantees for loans at reduced premia or subsidised interest rates for loans and the granting of up to EUR 500 000 per company); and encouraging companies to continue investing in a sustainable future (e.g. by allowing subsidised loans for the development of green products).
It also includes temporary adaptations of existing guidelines as a simplification of the rules on short term export credit insurance and an increase in the ceilings for risk capital investments. By 31 December 2009, the Commission had approved 79 measures in 25 Member States aimed at stabilising companies and jobs in the real economy. The Temporary Framework was widely used to support the car industry, which can benefit from aid up to EUR 500 000 per company for the next two years (small amounts of aid), State guarantees on loans, subsidies loans (including specifically for green cars) and facilitated access risk capital for SMEs. Some of the measures the temporary framework provides for, are of particular relevance for the car industry since they allow the financing of projects for the development of low emission vehicles.
The Commission approved aid for green products, notified by France, United Kingdom, Spain, Germany and Italy. Furthermore, a number of Member States including France, United Kingdom, Germany, Belgium (Flemish region), and Romania have installed guarantee and/or subsidised loan schemes from which the car industry (as well as other industries) can benefit. For instance, a subsidised loan of EUR 1.5 billion was granted by Germany to Opel following the bankruptcy proceedings of its mother company General Motors, while France granted both Renault and PSA subsidised loans of EUR 3 billion. In addition, the Commission approved a State guarantee on an EIB loan notified by Sweden for Volvo Cars.
In general, Member States considered the Temporary Framework as a useful tool which has provided an important support for companies.
On deliveries and the costs involved , the Commission notes the following:
between October 2008 and 31 December 2009, the Commission had adopted 73 decisions in relation to 33 schemes and 68 decisions on individual measures to 38 banks. These 141 decisions encompass 21 Member States. Because of the urgency, some of those decisions were taken overnight, to avoid a domino effect and the major collapse of the EU's financial system; between October 2008 and the end of 2009, the Commission approved around EUR 3.63 trillion (equivalent to 29% of the EU-27 GDP) of State aid measures to financial institutions; as far as the real economy is concerned, by 31 December 2009, the Commission had approved 79 State aid measures in 25 Member States. Out of these measures, 18 related to guarantees, 11 to short-term export credit measures, nine to reduced interest rate loans, six to risk capital measures and five to reduced interest rate loans for green products. A large number of the measures approved (30) related to the granting of up to EUR 500 000 per undertaking; the autumn 2009 State aid Scoreboard shows that the overall aid volume rose in 2008 from around 0.5% of GDP to 2.2% of GDP or EUR 279.6 billion due to the financial and economic crisis. Crisis-related aid represented roughly 1.7% or EUR 212.2 billion and related to aid to financial institutions only. Aid to the real economy under the Temporary Framework started to be implemented by Member States only in 2009. Crisis measures aside, total aid amounted in 2008 to 0.5% of GDP or EUR 67.4 billion, a level similar to 2007 and the years before. Aid was mainly directed towards horizontal objectives of common interest (on average 88%), of which regional aid, research and development and environmental aid represented around two third whereas rescue and restructuring aid fell. Although figures for 2009 are not yet available, the volume and share of non-financial aid in 2009 is not expected to change dramatically.
The paper concludes that there is no doubt about the benefits of the State aid granted to the banking and insurance sector. The liquidity injected has prevented the meltdown of the financial system and has contributed to re-opening markets, provided more funds to the real economy and helped financial markets reach a more normal market functioning. In this crisis context, competition policy helped support financial stability and created the right conditions for stable financial markets in the short and longer terms. The timely intervention of the Commission has also limited the consequences of the credit crunch for the real economy. Equally important, the use of competition rules has helped protect taxpayers' money.
Documents
- Commission response to text adopted in plenary: SP(2011)2858/2
- Results of vote in Parliament: Results of vote in Parliament
- Debate in Parliament: Debate in Parliament
- Decision by Parliament: T7-0023/2011
- Committee report tabled for plenary, single reading: A7-0374/2010
- Committee report tabled for plenary: A7-0374/2010
- Contribution: COM(2010)0282
- Committee opinion: PE448.944
- Committee opinion: PE448.679
- Committee opinion: PE450.909
- Amendments tabled in committee: PE450.582
- Committee draft report: PE448.794
- Non-legislative basic document: COM(2010)0282
- Non-legislative basic document: EUR-Lex
- Non-legislative basic document published: COM(2010)0282
- Non-legislative basic document published: EUR-Lex
- Non-legislative basic document: COM(2010)0282 EUR-Lex
- Committee draft report: PE448.794
- Amendments tabled in committee: PE450.582
- Committee opinion: PE448.679
- Committee opinion: PE450.909
- Committee opinion: PE448.944
- Committee report tabled for plenary, single reading: A7-0374/2010
- Commission response to text adopted in plenary: SP(2011)2858/2
- Contribution: COM(2010)0282
Activities
- Miguel Angel MARTÍNEZ MARTÍNEZ
Plenary Speeches (10)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- Michael CRAMER
Plenary Speeches (2)
- William (The Earl of) DARTMOUTH
Plenary Speeches (2)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- Hans-Peter MARTIN
Plenary Speeches (2)
- 2016/11/22 Report on competition policy 2009 (debate)
- 2016/11/22 Report on competition policy 2009 (debate)
- Elena BĂSESCU
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- George Sabin CUTAȘ
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Sari ESSAYAH
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Vicky FORD
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Ildikó GÁLL-PELCZ
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Sylvie GOULARD
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Thomas HÄNDEL
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Edit HERCZOG
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Gunnar HÖKMARK
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Danuta JAZŁOWIECKA
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Krišjānis KARIŅŠ
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Silvana KOCH-MEHRIN
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Alajos MÉSZÁROS
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Sławomir NITRAS
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Jaroslav PAŠKA
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Antolín SÁNCHEZ PRESEDO
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Czesław Adam SIEKIERSKI
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Peter SKINNER
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
- Kay SWINBURNE
Plenary Speeches (1)
- 2016/11/22 Report on competition policy 2009 (debate)
Amendments | Dossier |
198 |
2010/2137(INI)
2010/10/07
TRAN
45 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Calls on the Commission and Member States to
Amendment 10 #
Draft opinion Paragraph 2 2. Stresses the need to create and monitor fair competition within and between the transport modes in
Amendment 11 #
Draft opinion Paragraph 2 Amendment 12 #
Draft opinion Paragraph 2 a (new) 2a. Asks the Commission to monitor the respect of social, safety and environmental rules, for example between road, waterway, airway and rail freight transport or between short distance flights and long distance rail transport for passengers;
Amendment 13 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Commission to create more transparency in the relationship between the state and the publicly owned railway companies including their road transport subsidiaries as well as in the transfer of funds;
Amendment 14 #
Draft opinion Paragraph 3 3. Invites the Commission to give an overview on taxation, levies, infrastructure financing and charging and VAT systems for different transport modes and
Amendment 15 #
Draft opinion Paragraph 3 3. Invites the Commission to give an overview on taxation,
Amendment 16 #
Draft opinion Paragraph 3 3. Invites the Commission to give an overview o
Amendment 17 #
Draft opinion Paragraph 3 3. Invites the Commission to give an overview on taxation, levies, infrastructure financing
Amendment 18 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to ascertain whether the abolition of trade tax for a rail undertaking with a registered office in one Member State is compatible with EU competition rules when it is accompanied by the simultaneous introduction of a flat-rate levy on rolling stock (‘imposition forfaitaire sur les entreprises de réseaux’, IFER); because in this way foreign undertakings have to pay not only the levy on the rolling stock but also – unlike domestic undertakings – the continuing trade tax, which contradicts fair competition.
Amendment 19 #
Draft opinion Paragraph 4 4. Calls on the Commission, while reviewing legislation on passenger rights and reimbursement for delays, to guarantee fair and equal compensation schemes for delays across all transport modes
Amendment 2 #
Draft opinion Paragraph 1 1. Calls on the Commission and Member States to develop fairer competition in the transport domain while respecting other European Union policy objectives, such as properly functioning transport and mobility services, policy objectives in the areas of public services, safety and environmental protection, and EU 2020 targets on CO2 emissions reduction and oil dependency;
Amendment 20 #
Draft opinion Paragraph 4 4. Calls on the Commission, while reviewing legislation on passenger rights and reimbursement for delays, to
Amendment 21 #
Draft opinion Paragraph 4 4. Calls on the Commission, while reviewing legislation on passenger rights and reimbursement for delays, to guarantee fair
Amendment 22 #
Draft opinion Paragraph 4 4. Calls on the Commission, while reviewing legislation on passenger rights and reimbursement for delays, to
Amendment 23 #
Draft opinion Paragraph 4 a (new) 4a. Whereas Member States have to ensure the opening of the Market in the postal service area, calls on the Commission to ensure that the Member States will safeguard the high level of social conditions for postal workers in all sectors both public and private, and that all employment and social conditions including social security schemes presently in force at national level will be abided by and implemented by all operators in this sector;
Amendment 24 #
Draft opinion Paragraph 5 5. Calls on the Commission to analyse the effects on
Amendment 25 #
Draft opinion Paragraph 5 Amendment 26 #
Draft opinion Paragraph 6 6. Stresses the need to avoid unfair competition within the liberalised road transport sector by guaranteeing that social, safety and environmental rules are properly applied, paying special attention to the opening of this market for cabotage
Amendment 27 #
Draft opinion Paragraph 6 6. Stresses the need to avoid unfair competition within the liberalised road transport sector by guaranteeing that social, safety and environmental rules are properly applied, paying special attention to the opening of this market for cabotage and dumping practices; is consequently dismayed by the new rules on cabotage in road transport, which constitute a barrier to the internal market;
Amendment 28 #
Draft opinion Paragraph 6 6. Stresses the need to
Amendment 29 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Commission to legislate against discrimination experienced by the maritime sector due to customs and other bureaucratic regulations imposed on the sector by Member States, even for internal EU trade, that are not in place for other modes;
Amendment 3 #
Draft opinion Paragraph 1 1. Calls on the Commission and Member States to develop fair
Amendment 30 #
Draft opinion Paragraph 7 7. Invites the Commission to deliver an overview of cases where low cost air carriers were/are
Amendment 31 #
Draft opinion Paragraph 7 7. Invites the Commission to deliver an overview of cases where low cost air carriers were/are unfairly advantaged vis-à- vis other carriers, through special conditions granted to them while using certain airports; calls on the Commission to establish a mechanism for the calculation and utilisation of fuel surcharges and of luggage carriage charges, as well as for other measures applied by low cost air operators, so that these are not instruments of unfair competition;
Amendment 32 #
Draft opinion Paragraph 8 8. Calls on the Commission to improve the way in which the arrangement involving state aid in certain cases, based on the ‘first time, last time’ principle, can be applied in the
Amendment 33 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to ensure the transparency regarding the allocation and effective use of slots, in order to guarantee that a real competition exists in the aviation sector;
Amendment 34 #
Draft opinion Paragraph 9 9.
Amendment 35 #
Draft opinion Paragraph 9 9. Calls on the Commission to prevent
Amendment 36 #
Draft opinion Paragraph 9 a (new) 9a. Draws the Commission’s attention to the indirect obstacles to competition arising from the disparity, in the transport sector, in the rules on safety, interoperability and type-approval;
Amendment 37 #
Draft opinion Paragraph 9 b (new) 9b. Calls on the Commission and Member States to be vigilant to ensure, through the decisions taken at both EU and national level, cohesive and harmonised implementation in the railway sector of the rules of competition law; emphasises in particular the need for cohesion between the railway supervisory authorities (regulators) and the national and European competition authorities;
Amendment 38 #
Draft opinion Paragraph 10 10. Underlines the need to limit as appropriate the market share of maritime consortia of container lines and to share operational advantages - both for maritime and hinterland services -, corresponding to the general EU rules on fair competition and the revised Block Exemption Regulation on maritime consortia that entered into force in April 2010.
Amendment 39 #
Draft opinion Paragraph 10 10. Underlines the need to
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1a. Stresses the necessity to complete formation of free market for all modes of transport, in order to ensure an internal market without borders where free movement of goods and services are guaranteed and where clear and easily enforceable rules provide free and fair competition;
Amendment 40 #
Draft opinion Paragraph 10 a (new) 10a. Calls on the Commission to publish clear guidelines on state support, particularly in the maritime area, to ensure there is a level playing-field in the European transport market;
Amendment 41 #
Draft opinion Paragraph 10 a (new) 10a. Calls on the Commission to propose guidelines for state support to ports for the construction of port infrastructure, with the aim of improving legal certainty;
Amendment 42 #
Draft opinion Paragraph 10 a (new) 10a. Having regard to the Lisbon Treaty, the new consolidated competencies and the economic potential of tourism for the EU, calls on the Commission to facilitate pro-active co-operation among tourism enterprises, and to take the necessary measures in order to ensure the worldwide competitiveness of EU excellence destinations;
Amendment 43 #
Draft opinion Paragraph 10 a (new) 10a. Regrets that the Commission has not yet come up with state aid rules regarding sea ports as promised several times. Asks the Commission to come up with these state aid rules as soon as possible.
Amendment 44 #
Draft opinion Paragraph 10 b (new) 10b. Calls on the Commission, in response to the deadline for implementing the postal directive, to strictly enforce the rules on state support.
Amendment 45 #
Draft opinion Paragraph 10 b (new) 10b. Calls on the Commission to examine the possibility in providing incentive programmes in order to help port, local and regional authorities to renew the port fleet and the port infrastructure taking into account the EU competition rules and the specificity of the sector.
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1a. Having regard that the completion of the internal market for all transport modes is needed, calls on the Commission to publish a report with an overall view of all state aids offered for the public transport;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Underlines that the financial and economic crisis has led to a very large number of business bankruptcies and failures, not least among transport SMEs and VSEs, that crisis response plans have primarily been national plans and that coordination at European level has been belated and ineffective; regrets that there was no European mechanism, on the lines of a monthly barometer for transport companies, to better anticipate and forestall the effects of the economic crisis; notes that measures to help transport companies cope with cash flow problems and temporary additional costs could have been brought forward at European level in order to avoid the overlapping of national plans, and without state aid arrangements as a whole or the need for fair competition being compromised;
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the Commission and the Member States to guarantee the level playing field between modes of transport on the one hand and between the public and privately owned companies within a single mode on the other;
Amendment 8 #
Draft opinion Paragraph 1 b (new) 1b. Calls on the Commission to ensure that the completion of the internal market in the transport sector will safeguard the high level of social conditions for transport workers in all transport modes, both public and private, and that all employment and social conditions including social security schemes presently in force at national level will be abided by and implemented by all operators in this sector;
Amendment 9 #
Draft opinion Paragraph 1 b (new) 1b. Reiterates its support for the Commission guidelines on state aid for environmental protection in the field of transport, which helps bolster the sustainability of the European transport sector; encourages the Commission to enhance the incentive nature of the state aids authorised in the field of transport;
source: PE-449.026
2010/10/12
ECON
94 amendments...
Amendment 1 #
Motion for a resolution Recital A A. whereas the exceptional circumstances of the last two years financial and economic crisis have called for exceptional measures; whereas Commission efforts helped to stabilize financial markets while at the same time protecting the integrity of the Single Market,
Amendment 10 #
Motion for a resolution Recital F F. whereas Member States’ governments, as a response to the financial crisis, have granted a
Amendment 11 #
Motion for a resolution Recital F F. whereas Member States’ governments, as a response to the financial crisis, have granted a sizable amount of State aid in the form, for example, of guarantee schemes, recapitalisation schemes and complementary forms of liquidity support on bank funding; whereas these measures have provided banks with a significant source of funding and insurance against the risks
Amendment 12 #
Motion for a resolution Recital G G. whereas empirical analyses suggest that this State aid has generated a number of effects and distortions, such as a reduction of the spread of private bonds as a result of a disconnection from the financial circumstances of the institutions, which need to be taken into account when considering
Amendment 13 #
Motion for a resolution Recital H a (new) Ha. whereas competition is still imperfect in the energy sector, agricultural production and other sectors,
Amendment 14 #
Motion for a resolution Recital H b (new) Hb. whereas the successful development of SMEs under conditions of free competition is one of the most essential preconditions for overcoming the financial crisis effectively,
Amendment 15 #
Motion for a resolution Paragraph 3 3. Continues to support a more active role for Parliament in the shaping of competition policy through the introduction of a co-legislative role; asks for Parliament to be informed regularly of any initiatives in this field;
Amendment 16 #
Motion for a resolution Paragraph 4 4. Calls once again on the Commission, as the sole EU-wide competent competition authority, to report to Parliament in detail and annually about the follow-up to Parliament's recommendations and to explain any departure from Parliament's recommendations; notes that the response by the Commission to Parliament's 2008 Competition Report is a mere summary of actions taken, and does not provide any insight into the effectiveness of the measures;
Amendment 17 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses the importance of services of general interest in meeting the basic needs of the public and highlights, in line with Article 16 of the Treaty on the functioning of the European Union and the Protocol on Services of General Interest annexed to the Treaty of Lisbon, that the shared values of the Union with regard to services of general economic interest include a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights; asks the Commission to consider these aspects when concluding its work on applying EU competition rules on services of general economic interest, calls on it to submit its conclusions and initiatives on this issue as soon as possible and to include a specific chapter thereon in its periodical reports on competition;
Amendment 18 #
Motion for a resolution Paragraph 5 5. Stresses the need to draft clear
Amendment 19 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to make use of independent, reliable expertise for the evaluations and studies
Amendment 2 #
Motion for a resolution Recital B B. whereas in times of crisis,
Amendment 20 #
Motion for a resolution Paragraph 7 7. Asks the Commission to
Amendment 21 #
Motion for a resolution Paragraph 7 a (new) 7a. Welcomes with interest the Report on the functioning of Council Regulation 1/2003, submitted by the Commission five years after its entry into force and, while agreeing that it constitutes a keystone in the process of modernising competition rules and coordinating action by the EU and national authorities, notes the need to overcome differences of opinion in establishing priorities, on important aspects of the development of competition policy and on the functioning of cooperation systems so as to implement it more effectively;
Amendment 22 #
Motion for a resolution Paragraph 7 b (new) 7b. Recalls its resolution of 25 April 2007 on the Green Paper on damages actions for breach of the EC antitrust rules and stresses that the pending legislative proposal in relation thereto should include the content of Parliament resolution of 26 March 2009 on the White Paper on damages actions for breach of the EC antitrust rules; stresses the need for the Commission to propose legislation, without watering it down unnecessarily, to facilitate individual and class-action claims for effective compensation for damages resulting from breaches of EU antitrust law; such legalisation must be cross-cutting in nature, avoid the excesses of the North American system and be adopted using the ordinary legislative procedure (codecision);
Amendment 23 #
Motion for a resolution Paragraph 8 8. Underlines that it has supported the Commission’s request for more resources to be allocated to Commission staff in the area of competition in the 2011 budget; asks to be informed about how the additional resources have been used; in the light of the policy of the Commission and its Directorate-General for Competition aiming to decentralise some of the powers it had previously held to the competent national authorities, wonders to what extent the economic, social and financial crisis and its consequences call for the Directorate-General for Competition to be endowed with greater human resources than those released by this decentralisation policy; recalls its request to the Commission to ensure that its Directorate-General for Competition has appropriate staff numbers to deal with its rising workload;
Amendment 24 #
Motion for a resolution Paragraph 8 8. Underlines that it has supported the Commission’s request for more resources to be allocated to Commission staff in the area of competition in the 2011 budget; asks to be informed about how the additional resources have been used;
Amendment 25 #
Motion for a resolution Paragraph 8 a (new) 8a. Stresses that the implementation of a successful competition policy and the complete functioning of the internal market are essential preconditions for sustainable economic growth in the European Union;
Amendment 26 #
Motion for a resolution Paragraph 8 a (new) 8 b. Underlines that the current drive for fiscal consolidation and sustainable recovery should be used by Member States in order to progress towards a more level fiscal playing field ; in this respect, environmental (carbon, resource) taxation provides an appropriate solution as it targets environmentally harmful products that constitute input for industrial production and because it would not distort competition within the single market;
Amendment 28 #
Motion for a resolution Paragraph 8 c (new) 8 c. Deems that the competition policy should contribute at promoting and enforcing open standards and interoperability in order to prevent technological lock-in of consumers and clients by a minority of market players;
Amendment 29 #
Motion for a resolution Paragraph 9 9. Welcomes the temporary State aid rules established in response to the financial and economic crisis, namely the four Communications for the financial sector and the Temporary Framework directed at the other sectors; reiterates its request to the Commission to publish, during the course of 2010, a comprehensive report on the effectiveness of State aid granted for 'green recovery' (bringing about a substantial shift towards sustainability, in particular in the automotive sector) and State aid for environmental protection; specifically, asks the Commission to clarify the low uptake of State aid for green products;
Amendment 3 #
Motion for a resolution Recital C C. whereas protectionism and non- enforcement of competition rules would only deepen and prolong the crisis; stressing, however, that the non- adaptability of competition policy measures to exceptional circumstances could also have disastrous effects,
Amendment 30 #
Motion for a resolution Paragraph 9 9. Welcomes the temporary State aid rules established in response to the financial and economic crisis, namely the four Communications for the financial sector and the Temporary Framework, directed at the other sectors; takes notes on the extension for one additional year of the application of the State aid temporary measures as a response to the economic and financial crisis;
Amendment 31 #
Motion for a resolution Paragraph 10 10. Is concerned that these measures, which are temporary in nature, might ultimately not be that temporary; urges the Commission to provide clarity on the phasing out criteria that will be used to decide on their possible extension, and emphasises the need to abolish temporary measures and exemptions as soon as possible;
Amendment 32 #
Motion for a resolution Paragraph 10 10.
Amendment 33 #
Motion for a resolution Paragraph 10 10. Is concerned that these measures, which are temporary in nature, might ultimately not be that temporary and points out that it is, in the long term, necessary to discontinue such measures completely, particularly in the automobile sector; urges the Commission to provide clarity on the phasing out criteria that will be used to decide on their possible extension;
Amendment 34 #
Motion for a resolution Paragraph 10 10.
Amendment 35 #
Motion for a resolution Paragraph 11 a (new) 11a. Stresses the need to restore the competitive position of financial institutions which did not have recourse to the temporary rules on State aid;
Amendment 36 #
Motion for a resolution Paragraph 11 a (new) 11 a. Welcomes measures adopted by the Commission in order to reduce the balance sheet of certain 'too big or interconnected to fail' institutions which have received State aid during 2009;
Amendment 37 #
Motion for a resolution Paragraph 11 b (new) 11 b. Stresses however that the ongoing consolidation in the banking sector has actually increased the market share of several major financial institutions and, therefore, urges the Commission to maintain a close watch on the sector in order to enhance competition in European banking markets, including restructuring plans that imply the separation of banking activities in case of retail deposits have been used to cross- subsidize riskier investment banking activities;
Amendment 38 #
Motion for a resolution Paragraph 11 c (new) 11 c. Is concerned by the fact that there is empirical evidence showing that in most recapitalisation measures implemented during 2009 the cost of reimbursing the capital injected was below market prices and that in only a few cases the distribution of dividends to shareholders have been limited or restrictions have been applied on market shares gains;
Amendment 39 #
Motion for a resolution Paragraph 11 d (new) 11 d. Notes that the Eurosystem performed several non standard liquidity injections during the whole year 2009; stresses that without prejudice of the ECB independence it is so far not possible to verify properly whether these measures could be assessed as State aid measures as long as methods used to determine the 'theoretical price' of assets eligible as collateral have not been disclosed;
Amendment 4 #
Motion for a resolution Recital D D. whereas competition policy is an essential tool
Amendment 40 #
Motion for a resolution Paragraph 11 e (new) 11 e. Underlines that despite these unprecedented non standard liquidity injections, such support measures received by banks during the whole year 2009 and beyond have not been included in the Commission's compatibility assessment whereas recapitalisation measures and guarantees were; asks therefore the Commission to assess such operations on a ex post basis and implement corrective measures whenever required in order to ensure a level playing field within the single market;
Amendment 41 #
Motion for a resolution New title after paragraph 11 Review of State aid temporary rules adopted as a response to the crisis
Amendment 42 #
Motion for a resolution Paragraph 11 a (new) 11 a. Urges the Commission to prepare a comprehensive and far reaching impact assessment on decisions adopted in the framework of the application of the State Aid temporary measures as a response to the economic and financial crisis and annex it to the next annual Competition report, including an in depth assessment of distortions generated by guarantee schemes, recapitalization schemes and complementary forms of liquidity support on bank funding;
Amendment 43 #
Motion for a resolution Paragraph 11 b (new) 11 b. Urges the Commission, following such a comprehensive impact assessment, to implement corrective measures whenever required in order to ensure a level playing field within the single market;
Amendment 44 #
Motion for a resolution Paragraph 11 a (new) 11 a. Urges the Commission to produce a study which demonstrates the impact of the State aid measures in the economy;
Amendment 45 #
Motion for a resolution Paragraph 11 a (new) 11 a. Urges the Commission to provide the Parliament with a thorough analysis of the impacts on competition of State aid during the crisis;
Amendment 46 #
Motion for a resolution Paragraph 11 a (new) 11 a. Calls on the Commission to undertake a thorough analysis of the consequences of the revised State aid mechanisms adopted in conjunction with the crisis and with regard to competition and the upholding of a level playing field in the EU, financial reform and in terms of job creation;
Amendment 47 #
Motion for a resolution Paragraph 11 a (new) 11 a. Calls on the Commission to reconsider if the existing temporary framework effectively contributes to a level-playing-field throughout the EU and moreover if the discretionary application of the framework leads in this respect to an optimal outcome
Amendment 48 #
Motion for a resolution Paragraph 11 b (new) 11 b. Stresses the need that a possible extension of the temporary state-aid framework for the financial sector should consist of a detailed evaluation of this framework, taking into account scope and level of transparency and moreover consistency and comparability of the different measures which are based on this framework.
Amendment 49 #
Motion for a resolution Paragraph 11 a (new) 11a. Stresses also that the temporary Community framework for new aid measures and the adaptation of State aid to help finance the real economy should be extended, with adaptations, until the end of 2011; backs the Commission’s proposal to support the recovery by bringing back the de minimis aid threshold, imposing stricter criteria, particularly for guarantee-backed subsidies and loans, and focusing on SMEs, for which purpose it would be worthwhile, among other things, to include measures to help finance SMEs in the Risk Capital Guidelines;
Amendment 5 #
Motion for a resolution Recital D D. whereas competition policy is an essential tool in enabling the EU to be competitive on the global stage and in overcoming the financial crisis,
Amendment 50 #
Motion for a resolution Paragraph 11 b (new) 11 b. Calls on the Member States to cooperate actively with the Commission in developing the temporary rules established in response to the financial and economic crisis by providing timely, detailed reports on their implementation and effectiveness; urges the Commission to conduct an assessment of how they work and draw up a study on the impact of measures taken by third countries on the European Union;
Amendment 51 #
Motion for a resolution Paragraph 11 b (new) 11 b. Calls upon the Commission to ensure a maximum of transparency and adhere strictly to the non-discrimination principle in approving State aid and prescribing divestment measures;
Amendment 52 #
Motion for a resolution Paragraph 11 c (new) 11 c. Asks the Commission to produce study in which the ECB liquidity support is viewed as to its impact on the possible distortion of competition;
Amendment 53 #
Motion for a resolution Paragraph 11 d (new) 11d. Calls upon the Commission to closely monitor the M3 money supply with regard to State aid that has been approved in order to prevent an unintended overcapitalisation of companies which would subsequently distort competition;
Amendment 54 #
Motion for a resolution Paragraph 12 12. Notes that State aid policy is an integral part of competition policy and that State aid control reflects the need to ensure that resources are allocated effectively, maintain a level playing field for all undertakings carrying out activities in the single market and defend the interests of European citizens within a context of sustainable development;
Amendment 55 #
Motion for a resolution Paragraph 14 14. Considers it essential, when assessing whether State aid is compatible with the Treaty, to find the right balance between the negative effects of State aid on competition and public finances and its positive effects
Amendment 56 #
Motion for a resolution Paragraph 14 14. Considers it essential, when assessing whether State aid is compatible with the Treaty, to find the right balance between the negative effects of State aid on competition and public
Amendment 57 #
Motion for a resolution Paragraph 15 15. Calls for the establishment of clear criteria for divestments, taking into account the medium-term impact of divestments on the firms involved, namely on growth, innovation and employment as well as on the reduction of
Amendment 58 #
Motion for a resolution Paragraph 16 16. Urges the Commission to carefully inspect tax expenditure and fiscal State aid regimes in force in certain Member States to check their non-
Amendment 59 #
Motion for a resolution Paragraph 16 a (new) 16 a. Calls upon the Commission to reconstitute and enhance its fiscal State aid unit;
Amendment 6 #
Motion for a resolution Recital D D. whereas competition policy is an essential tool in enabling the EU to have a dynamic, efficient and innovative internal market and to be competitive on the global stage,
Amendment 60 #
Motion for a resolution Paragraph 16 b (new) 16 b. Deems that in order to allow the Commission to be better able to identify harmful tax competition regimes, it is essential that the decision on automatic notification of tax rulings taken by the EU code of Conduct for business taxation working group in 2002 (Council doc 11077/02) is fully implemented by Member States;
Amendment 61 #
Motion for a resolution Paragraph 17 a (new) 17 a. Urges the Commission to examine the extent to which a too generous allocation of free EUA (European Union Allowances) permits in certain sectors may distort competition, given that these permits whose efficiency has diminished since the slowdown of the activity have generated windfall profits for certain companies, while reducing their incentives to play their part in the transition to an eco-efficient economy;
Amendment 62 #
Motion for a resolution Paragraph 17 b (new) 17 b. Asks to be closely involved in the follow up of the European Commission to the open consultation on State aid rules on Services of General Economic Interest;
Amendment 63 #
Motion for a resolution Paragraph 18 a (new) 18a. Welcomes the extension of the vertical block exemption regulation, since this ensures a balance between manufacturers and distributors; points out however that the Commission has failed to take sufficient account of the specific circumstances relating to online sales, particularly with regard to the Digital Agenda and in view of its current efforts to complete the internal market for e-commerce;
Amendment 64 #
Motion for a resolution Paragraph 18 b (new) 18b. Points out in particular that, in the light of the market monitoring measures currently being followed by the Commission, the admissibility under anti- trust legislation of joint purchases by large distributors operating at international level is debatable;
Amendment 65 #
Motion for a resolution Paragraph 18 a (new) 18 a. Urges the Commission, in order to ensure the proper functioning of the internal market and the uniform application of competition rules in the EU, to take due notice of the rulings of the national courts in the application of competition law and to this end to adopt any measures necessary to achieve this objective;
Amendment 66 #
Motion for a resolution Paragraph 19 a (new) 19 a. Notes the Court of Justice's recent decision not to extend legal professional privilege to the advice of in-house lawyers in EU antitrust investigations (Akzo Nobel v Commission (C-550/07)); recalls the important role that such can lawyers play in ensuring high standards of compliance and corporate governance within the EU; notes that such a role is optimised when full and frank legal advice can be given in confidence; calls on the Commission to consult stakeholders on the possible development of guidelines to clarify the conduct of antitrust investigations with respect to companies' in-house legal departments;
Amendment 67 #
Motion for a resolution Paragraph 22 22. Believes that the use of ever higher fines as the sole antitrust instrument may be too blunt, not least considering potential job losses as a result of the inability to pay
Amendment 68 #
Motion for a resolution Paragraph 22 22. Believes that the use of ever higher fines as the sole antitrust instrument may be too blunt, not least considering potential job losses as a result of the inability to pay; notes that substantial revenues deriving from fines are currently collected by the Commission and enter the EU budget;
Amendment 69 #
Motion for a resolution Paragraph 22 22.
Amendment 7 #
Motion for a resolution Recital E E. whereas, in the absence of a sustainable EU coordination initiative to back up structural reforms, the growing budget deficits and increased levels of public debt in many Member States may slow down economic recovery and economic growth for years to come,
Amendment 70 #
Motion for a resolution Paragraph 22 22. Believes that the use of ever higher fines as the sole antitrust instrument may be too blunt, not least considering potential job losses as a result of the inability to pay;
Amendment 71 #
Motion for a resolution Paragraph 22 a (new) 22a. Stresses, more than five years after the entry into force of Regulation (EC) No 139/2004 on the control of concentrations between undertakings, the importance of identifying areas where red tape can be reduced and where further convergence between the applicable national and EU rules can be achieved;
Amendment 72 #
Motion for a resolution Paragraph 22 a (new) 22 a. Welcomes the Commission's antitrust investigation concerning the iron ore production joint venture between BHP Billiton and Rio Tinto; invites the Commission to launch a general investigation into the pricing of iron ore;
Amendment 73 #
Motion for a resolution Paragraph 22 b (new) 22 b. Calls for the Commission to monitor developments in commodity-related markets following the conclusions of European Council of June 2008 (paragraph 40), and to tackle speculation where appropriate, which adversely affects European industry and generate distortions in the Single Market; invites the EU countries to take this issue up at the G20 Summit;
Amendment 74 #
Motion for a resolution Paragraph 24 a(new) 24a. Affirms that transparency is an essential prerequisite for financial markets to work properly, calls on the Commission to go to great lengths to ensure that data on financial markets is disclosed in full compliance with the provisions of EU competition law and, in this regard, welcomes the initiatives to prevent abuse of ISIN and RIC securities identifier codes;
Amendment 75 #
Motion for a resolution Paragraph 24 b (new) 24b. Urges the Commission to supervise SEPA (the Single Euro Payments Area) to ensure the payment system is accessible, non-discriminatory, transparent and efficient and in no way hinders competition; calls for the close monitoring of the aspects of the system affecting EU competition policy;
Amendment 76 #
Motion for a resolution Paragraph 24 c (new) 24c. Asks the Commission to continue efforts to ensure effective competition on the payment cards markets, in accordance with the principles of SEPA (the Single Euro Payments Area), with a view to facilitating cross-border payments and maximising the potential of the internal market; calls for the systematic monitoring of developments on these markets and for the annual competition reports to include progress indicators in this regard;
Amendment 77 #
Motion for a resolution Paragraph 24 d (new) 24d. Stresses that effective competition on the energy markets should lead to greater security of energy supply, less environmental impact, greater innovation and a more affordable energy supply for households and companies in the EU;
Amendment 78 #
Motion for a resolution Paragraph 24 a (new) 24 a. Stresses that in order for the European market to stay competitive and enable economic growth the entire single internal market needs to be the norm for competition rules;
Amendment 79 #
Motion for a resolution Paragraph 25 25. Regrets that energy consumers in the EU continue to suffer from a distorted energy and mobile telephony market;
Amendment 8 #
Motion for a resolution Recital E Ε. whereas not only the growing budget deficits and increased levels of public debt in many Member States
Amendment 80 #
Motion for a resolution Paragraph 25 25. Regrets that energy consumers in the EU continue to suffer from a distorted energy market; nonetheless, highlights the fact that the Commission has imposed the first fines for breach of competition rules in the energy sector and urges the Commission to remain very vigilant in enforcing competition rules in this sector;
Amendment 81 #
Motion for a resolution Paragraph 25 25. Regrets that energy consumers in the EU continue to suffer from a distorted energy market and urges the Commission rigorously to pursue the full implementation of the internal energy market package;
Amendment 82 #
Motion for a resolution Paragraph 25 a (new) 25a. Observes that in the energy sector such obstacles to competition still persist as a lack of interconnections, untransparent procedures used by transmission system operators to allocate power to producers and disparities between countries in definitions of categories of recipients of services, which hamper competition between energy producers;
Amendment 83 #
Motion for a resolution Paragraph 25 a (new) 25 a. Invites the Commission during the early steps of the implementation of the third energy package to closely monitor the level of competition since the three largest players still represent about 75 % (electricity) and above 60 % (gas) of the market despite the gradual opening of the markets in the mid-1990s ; invites the Commission to issue guidelines in order to improve the access of renewables to the energy network;
Amendment 84 #
Motion for a resolution Paragraph 25 a (new) 25a. Stresses that the sustainability criteria set out in the Renewable Energy Directive are suitable for use when assessing State aids for fuel and bioliquids;
Amendment 85 #
Motion for a resolution Paragraph 25 b(new) 25b. Highlights the particular importance of information and communications technology for innovation, maximising the potential of the digital economy and developing the knowledge society; considers it to be of the highest importance to ensure interoperability, facilitate the development of networks and keep markets open in order for economic operators to compete on the merits of their products;
Amendment 86 #
Motion for a resolution Paragraph 25 c (new) 25c. Supports the Commission’s measures encouraging the provision of adequate broadband coverage at affordable prices to all European citizens and calls on it to redouble its efforts to keep cross-border roaming charges for electronic communication under control and to include details of progress to that end in its annual competition reports;
Amendment 87 #
Motion for a resolution Paragraph 25 a (new) 25 a. Underlines that State aid primarily should be channelled to promote common interest within the Union such as the deployment of broadband and energy infrastructures;
Amendment 88 #
Motion for a resolution Paragraph 25 b (new) 25 b. Notes that state aid and other public funds should only be used in exceptional cases, where private operators have no commercial incentives to invest;
Amendment 89 #
Motion for a resolution Paragraph 26 a (new) 26 a. Calls on the Commission to urgently and thoroughly investigate levels of concentration in OTC derivatives markets, and in particular in the credit default swap market, to ensure there is no risk of market manipulation or conflict of interest;
Amendment 9 #
Motion for a resolution Recital E E. whereas
Amendment 90 #
Motion for a resolution Paragraph 26 a (new) 26a. Recalls that the High Level Group, set up in October 2009 in the wake of the crisis that shook milk producers, has submitted its recommendations, which notably concern contractual relations and the producers’ bargaining power; urges the Commission to act immediately to foster progress in a manner in keeping with the provisions of EU competition law;
Amendment 91 #
Motion for a resolution Paragraph 27 27. Urges the Commission to look in greater detail at competition in the agro- industrial sector in terms of transparency and consumer price evolution; reiterates in this context, its earlier calls for sector inquiries into online advertising, search engines and the food industries; calls for an inquiry into media concentrations, including all channels for distribution of content, such as print, television and radio and the internet; requests that the Commission present an analysis of competition in the telecoms and car sectors;
Amendment 92 #
Motion for a resolution Paragraph 27 27. Urges the Commission to look in greater detail at competition in the agro- industrial and wholesale distribution sectors in terms of transparency and consumer price evolution, because of the high degree of concentration in these sectors in certain Member States;
Amendment 93 #
Motion for a resolution Paragraph 27 27.
Amendment 94 #
Motion for a resolution Paragraph 27 a (new) 27α. Considers it necessary to take immediate action in response to inadmissible banking practices regarding debt levels in the form of consumer credit and mortgages, with a view to ensuring compliance with the rules of fair competition in this sector and reducing costs to consumers;
Amendment 95 #
Motion for a resolution Paragraph 27 b (new) 27 b. Invites the Commission to carry out a competition inquiry in the agro-food industry to investigate the effect of the market power that major suppliers and retailers hold on the functioning of that market;
source: PE-450.582
2010/10/28
IMCO
21 amendments...
Amendment 1 #
Draft opinion Paragraph 2 2. Calls on the Commission to ensure that banks reimburse state aid as soon as the financial sector has recovered, ensuring fair competition within the Internal Market, and a level playing field with regard to exit conditions;
Amendment 10 #
Draft opinion Paragraph 3 b (new) 3b. Takes the view that, in the context of current market monitoring, the Commission should subject joint purchasing operations at international level to close scrutiny, given that the price concessions secured through their purchasing power are clearly not being passed on to consumers in the form of lower retail prices;
Amendment 11 #
Draft opinion Paragraph 3 c (new) 3c. Calls on the Commission once more, if appropriate, to incorporate the basis for calculating fines and the new fining principles in Regulation (EC) No 1/2003;
Amendment 12 #
Draft opinion Paragraph 3 a (new) 3a. Stresses the need for closer cooperation between the Commission and national competition authorities with a view to adopting a joint approach to competition issues on the food market based on an ongoing exchange of information, rapid problem diagnosis and effective sharing of responsibility between the members of the European Competition Network (ECN), given that food markets tend to have a more national dimension, operating under different legal, economic and cultural conditions;
Amendment 13 #
Draft opinion Paragraph 3 b (new) 3b. Stresses that the purpose of this closer cooperation should be a consistent approach to the defence, monitoring and implementation of competition rules and action to ensure equal terms of competition on the food markets and an optimally efficient food supply chain for the benefit of consumers;
Amendment 14 #
Draft opinion Paragraph 4 4. Recalls the need for an internal market for energy which enables consumers to buy energy at affordable prices and stresses the need rigorously to pursue the full implementation of the internal market package; calls on the Commission to ensure that mergers do not subvert the advantages of market liberalisation for consumers; points out the urgency of tackling competition distortions due to regulated energy tariffs;
Amendment 15 #
Draft opinion Paragraph 4 a (new) 4a. Asks the Commission to seek the completion of the single railway market through the deregulation of national passenger transport markets; calls on the Commission during the transitional period to propose reciprocity clauses for Member States which decide to open up their own markets in advance;
Amendment 16 #
Draft opinion Paragraph 5 5. Regrets the lack of progress in improving competition in the pharmaceutical sector and asks the Commission to expedite the completion of the internal market in medicines, for example by giving a greater role to the European Medicines Agency (EMA) with regard to central certification of medicines; asks the Commission to fight against patent clusters that delay the market entry of generic medicines and restrict patients’ access to affordable medicines; urges the Commission to take punitive measures in the case of misleading information campaigns against generic medicines;
Amendment 17 #
Draft opinion Paragraph 5 5. Regrets the lack progress in improving competition in the pharmaceutical sector; asks the Commission to fight against abuses that may arise from the systematic practice of patent clusters that delay the market entry of generic medicines and restrict patients’ access to affordable medicines; urges the Commission to take punitive measures in the case of misleading information campaigns against generic medicines;
Amendment 18 #
Draft opinion Paragraph 5 a (new) 5a. Is of the opinion that competition in the health sector could improve the quality of health care services to the benefit of European patients; calls on the Commission to monitor the health sector and particularly the competition between public and private hospitals; asks the Commission to look more in depth into the cases where private hospitals complain about cross-subsidies in favour of public hospitals in those countries that have liberalized the sector;
Amendment 19 #
Draft opinion Paragraph 6 6.
Amendment 2 #
Draft opinion Paragraph 2 2. Calls on the Commission to ensure that banks reimburse state aid as soon as the financial sector has recovered, ensuring fair competition within the Internal Market; stresses that it is in the long term necessary to discontinue completely all provisional state aid, particularly in the automobile sector;
Amendment 20 #
Draft opinion Paragraph 6 6. Proposes the creation of an E
Amendment 21 #
Draft opinion Paragraph 7 a (new) Amendment 3 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Commission to evaluate the impact of behavioural measures on competition and the consequences of these measures for customers and consumers;
Amendment 4 #
Draft opinion Paragraph 2 b (new) 2b. Stresses the need to take into account all direct and indirect forms of support measures which might potentially have a distortive effect but are currently not considered as state aid;
Amendment 5 #
Draft opinion Paragraph 2 a (new) 2a. Calls on the Commission, in its annual report on competition policy, to give greater emphasis to the advantages of competition for consumers;
Amendment 6 #
Draft opinion Paragraph 3 3. Stresses the need for developing synergies between competition and consumer protection policies, including a study of how creating a European form of collective redress for individual victims of competition law violations could be incorporated into existing national legal systems;
Amendment 7 #
Draft opinion Paragraph 3 3. Stresses the need for developing synergies between competition and consumer protection policies, including creating a European form of collective redress in accordance with the criteria laid down by the European Parliament resolution of 26 March 2009 – stipulating in particular that compensation should be paid to the identified group of people or their nominee only for the damage actually suffered – for individual victims of competition law violations;
Amendment 8 #
Draft opinion Paragraph 3 3. Stresses the need for developing synergies between competition and consumer protection policies, including creating a European form of collective redress based on the opt-in principle for individual victims of competition law violations;
Amendment 9 #
Draft opinion Paragraph 3 a (new) 3a. Welcomes the vertical block exemption regulation, since this ensures a balance between manufacturers and distributors; points out, however, that non-compliance with the binding duration of competition clauses is in fact not at all uncommon and calls on the Commission to give particular attention to such inadmissible practices;
source: PE-452.579
2010/10/29
ITRE
38 amendments...
Amendment 1 #
Draft opinion Paragraph -1 -1. Stresses that an EU competition policy based on the principles of open markets and a level playing field in all sectors is a cornerstone of a successful internal market and a condition for the creation of sustainable and knowledge based jobs;
Amendment 10 #
Draft opinion Paragraph 1 a (new) 1a. Refers to the fact that a well- functioning market incentivises energy efficiency;
Amendment 11 #
Draft opinion Paragraph 1 b (new) 1b. Supports the view that a sounder financial system necessitates regulation to improve the competition on the financial market, and acknowledges the need for more regulation aimed at bringing more safety and more transparency to the over- the-counter (OTC) derivatives market for financial institutions; underlines that such a regulation will increase costs of doing business and non-financial institutions, such as power companies, trading in products, commodities and services that do not cause any systemic risk should be exempted from this regulation;
Amendment 12 #
Draft opinion Paragraph 1 b (new) 1b. Stresses that the recent gas crisis has shown that access to gas infrastructure in Europe is a requirement for market integration and the development of competition plays a crucial role in assuring the security of gas supply. Calls on the Commission and Member States to increase security of supply by promoting investments in transport capacity and by increasing the number of suppliers on the market and decreasing the dependence on traditional suppliers;
Amendment 13 #
Draft opinion Paragraph 1 b (new) 1b. Points out that regulated energy prices have negative effects and continue to be a major concern for the proper functioning of the internal market which could lead to the distortion of competition and negatively influence investments and incentives for energy efficiency ; invites the Commission to present an analysis to what extent price control mechanisms influence competition and investments in the energy sector;
Amendment 14 #
Draft opinion Paragraph 1 b (new) 1b. Asks the Commission to elaborate an institutional supporting mechanism of quick and adequate response that would facilitate the use of state aid in case of serious infrastructural damages at a time of an unexpected and severe natural or industrial disaster in the Member States;
Amendment 15 #
Draft opinion Paragraph 1 b (new) 1b. Notes that commodity speculation can have a distortive effect on markets and competition; welcomes France's intention to address this issue in the context of its G20 Presidency; notes that this should also go beyond agricultural products to include metals;
Amendment 16 #
Draft opinion Paragraph 1 c (new) 1c. Reminds that digital convergence and the growing importance of interoperability and standards are key issues for the ICT in the increasingly inter-connected global environment; underlines furthermore the importance of continuously ensuring free competition in the field of ICT as new digital products and services appear on the market; calls therefore on the Commission to address these issues in the upcoming guidelines on horizontal cooperation agreements;
Amendment 17 #
Draft opinion Paragraph 1 c (new) 1c. Calls on the European Commission and the Member States to use public procurement policies for stimulating competition by, for example, including environmental and social criteria in tenders;
Amendment 18 #
Draft opinion Paragraph 1 c (new) 1c. The competitiveness of EU is very much dependent on the innovation capacity, on the research and development facilities and on the linkage between innovation and manufacturing process;
Amendment 19 #
Draft opinion Paragraph 1 d (new) 1d. Calls on the Commission and on the Member States to develop an ambitious, eco-efficient and green EU industrial Strategy in order to recreate the manufacturing capacity across the EU territory and to generate highly qualified and well paid jobs within EU;
Amendment 2 #
Draft opinion Paragraph 1 1. Invites the Commission to monitor closely the rapid and correct implementation of the third energy
Amendment 20 #
Draft opinion Paragraph 1 e (new) 1e. EU industrial strategy should identify strategic fields to invest in, and calls on the Commission and Member States to reflect these priorities into the future financial perspective and into the annual budgets and within the EU policies;
Amendment 21 #
Draft opinion Paragraph 2 a (new) 2a. Welcomes the adoption of The Broadband Guidelines for the aid to basic broadband networks (ADSL, cable, mobile, wireless or satellite broadband services) and support to very high speed NGA networks (fibre-based or advanced upgraded cable networks at the current stage) and asks the Commission and Member States to disseminate and promote the best practices and increase competition;
Amendment 22 #
Draft opinion Paragraph 3 3. Notes Regulation (EC) No 544/2009 on intra-Community roaming fees, which entered into force on 1 July 2010; points out, however, that competition in the roaming markets has not yet developed sufficiently and structural problems persist; asks the Commission to envisage in its 2011 review the option of
Amendment 23 #
Draft opinion Paragraph 3 3. Notes Regulation (EC) No 544/2009 on intra-Community roaming fees, which entered into force on 1 July 2010 bringing thus consumers benefits from reductions in the prices for voice and SMS roaming service; points out, however, that competition in the roaming markets has not yet developed sufficiently and structural problems persist; asks the Commission to envisage in its 2011 review the option of totally abolishing intra-EU roaming fees;
Amendment 24 #
Draft opinion Paragraph 3 a (new) 3a. Underlines the importance of promoting an internal digital market; emphasises in this regard the importance of promoting consumer trust in and accessibility to online services, in particular by improving consumer rights, protection of private information and by removing any remaining obstacles to online cross-border trade and transactions;
Amendment 25 #
Draft opinion Paragraph 4 4. Regrets the instances of non-transparent auctioning of new, fourth-generation mobile frequencies in some Member States; encourages the Commission to continue monitoring very closely the activities of Member States in this regard and requiring Member States to carry out a thorough analysis of the impact of spectrum decisions on competition and to take appropriate measures to prevent anti- competitive outcomes in line with the amended GSM Directive, thereby ensuring a level playing field for market participants and new entrants;
Amendment 26 #
Draft opinion Paragraph 5 5.
Amendment 27 #
Draft opinion Paragraph 5 5. Welcomes the
Amendment 28 #
Draft opinion Paragraph 5 a (new) 5a. Stresses the new and important role of competition policy in the digital economy; asks the Commission to closely follow the technological developments in the digital market and to react swiftly where necessary in order to keep digital platforms as open as possible by strictly applying competition rules;
Amendment 29 #
Draft opinion Paragraph 5 b (new) 5b. Invites the Commission to consider, within the integrated regulatory framework on the protection of intellectual property rights, the use of competition legislation as a tool for preventing any abuse of IPRs;
Amendment 3 #
Draft opinion Paragraph 1 1. Invites the Commission to monitor closely the implementation of the third energy liberalisation package by Member States according to the timetable and assess its effectiveness in creating a functioning internal market; encourages the Commission to initiate a further inquiry into the energy sector if the assessment comes to a negative conclusion;
Amendment 30 #
Draft opinion Paragraph 6 6. Stresses that scientific and technical innovation, patents and the cultural industries contribute immensely to the competitiveness of the European economy; urges the Member States, therefore, to speedily find a solution to the outstanding issues of the EU single patent system; strongly urges the Member States to initiate the enhanced cooperation procedure on a common EU patent in the situation that the Council does not reach an agreement during the current presidency;
Amendment 31 #
Draft opinion Paragraph 6 6. Stresses that scientific and technical innovation, patents and the cultural industries contribute immensely to the competitiveness of the European economy; urges the Member States, therefore, to speedily find a solution to the outstanding issues of the EU single patent system; for that reason welcomes, as laid out in the Europe 2020 Flagship Initiative Innovation Union, the objective of having the first EU patents being delivered in 2014;
Amendment 32 #
Draft opinion Paragraph 6 6. Stresses that scientific and technical innovation, patents and the cultural industries can contribute immensely to the competitiveness of the European economy;
Amendment 33 #
Draft opinion Paragraph 6 a (new) 6a. Invites the Commission to monitor the transposition of the third postal Directive by Member States; notes that despite the progress to-date, genuine competition is only just beginning to emerge; calls therefore on the Commission to apply the competition rules to the European postal service market and to continue its investigations into the postal sector with a view to creating a fully liberalised postal market;
Amendment 34 #
Draft opinion Paragraph 6 a (new) 6a. Stresses the key role of research in improving European competitiveness. Therefore calls on the European Commission and on Member States to ensure that the 3% target on investments in research and development is reached;
Amendment 35 #
Draft opinion Paragraph 7 7.
Amendment 36 #
Draft opinion Paragraph 7 7. Reiterates its previous request to the Commission to include a dedicated chapter on SMEs and competition, as a thriving SME sector is essential for growth, jobs and innovation.
Amendment 37 #
Draft opinion Paragraph 7 a (new) 7a. Urges the Commission to implement its proposed “competitiveness test” for all competition decisions including anti-trust fines, to determine on a case-by-case basis the wider competitiveness impact of its decisions on employment and investment in the company and sector directly concerned and others that depend on that sector;
Amendment 38 #
Draft opinion Paragraph 7 b (new) 7b. Recognises that strong anti-trust enforcement is essential for the development of the Internal Market and a competitive European economy; however, considering that the level of EU anti-trust fines has significantly increased during the past ten years and that every EU policy should be subject to a full impact assessment in order to evaluate its efficiency and its direct and indirect impacts on the industry, the employment and the international competitiveness of EU companies.
Amendment 4 #
Draft opinion Paragraph 1 1. Invites the Commission to monitor closely and to report on the implementation of the third energy liberalisation package by Member States and assess its effectiveness in creating a functioning internal market; encourages the Commission to initiate a further inquiry into the energy sector if the assessment comes to a negative conclusion;
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1a. Underlines that the modernisation of the European energy infrastructure is an essential objective of the energy policy, therefore welcomes the central focus of the "Energy Strategy for Europe 2011- 2020" on smart and modern infrastructure to bring forward modern EU-wide integrated grids as it improves competition in the European energy market, increases choice for consumers and the number of suppliers and strengthens Europe's security of supply; Invites Member States and the Commission to develop major investments and to complete the internal energy market;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Recognises that high market concentration and a lack of transparency in commodity markets can significantly hamper competition and adversely affect European industry; calls on the European Commission to therefore analyse commodity markets such as for iron ore and particularly for the 14 critical raw materials identified by the Commission with a view to establishing to what extent these markets require more transparency and competition;
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Considering that the degree of competition on the electricity market is currently low and residential customers are captives and confronted with bargaining power and potentially unfair trading practices of operators, call Commission and Member States to take actions to prepare sets of standard contracts and to assess unfair contractual practices and propose any necessary Community measures;
Amendment 8 #
Draft opinion Paragraph 1 a (new) 1a. Underlines its calls for consistency between all EU policies and the priorities set out in the Europe 2020 strategy for growth and jobs; underscores that this is of special importance as regards the competition policy;
Amendment 9 #
Draft opinion Paragraph 1 a (new) 1a. Regrets that the implementation of the second internal market package is not entirely complete which thus hinders the full potential of the liberalisation of the energy sector and effective competition;
source: PE-452.531
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