BETA


2016/0195(NLE) EU/Canada Agreement: application of their competition laws

Progress: Preparatory phase in Parliament

RoleCommitteeRapporteurShadows
Lead ECON
Former Responsible Committee ECON FERBER Markus (icon: PPE PPE)
Committee Opinion INTA
Committee Opinion JURI
Former Committee Opinion INTA
Former Committee Opinion JURI LEBRETON Gilles (icon: ENF ENF)
Legal Basis:
TFEU 103-p1, TFEU 218-p6a, TFEU 352-p1sub1

Events

2016/07/12
   EP - Former Responsible Committee
2016/07/11
   EP - Former Committee Opinion
2016/06/27
   EC - Document attached to the procedure
2016/06/27
   EC - Legislative proposal published
Details

PURPOSE: to conclude the Agreement between the European Union and the Government of Canada regarding the application of their competition law.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the existing Cooperation Agreement with Canada dates from June 1999 and at that time the exchange of evidence between the parties was not regarded as needed. In the meantime, the bilateral cooperation between the European Commission and the Canadian Competition Bureau has become more frequent and deeper as concerns substance. The absence of the possibility to exchange information with the Canadian competition authority is regarded as a major impediment to effective cooperation.

The proposal derives from a Council mandate of 9 October 2008 in which the Commission was authorised to start negotiations to update the existing Cooperation Agreement between the EU and Canada in competition matters. The purpose is to include provisions which allow the competition authorities of both sides to exchange evidence that they have collected in the course of their respective investigations.

Many worldwide or transatlantic cartels include Canada and via Canada the Commission will get a good opportunity to have access to additional information concerning these cartels.

CONTENT: the Commission calls on the Council to approve, on behalf of the Union, the Agreement between the European Union and the Government of Canada regarding the application of their competition law .

The proposed changes to the existing agreement will allow the European Commission and the Canadian Competition Bureau to exchange evidence which both sides have obtained in their investigations .

The Parties left the text of the existing agreement in principle unchanged and only added the necessary provisions defining the framework for the discussion, transmission and use of legally protected information . The changes also reflect the developments in European data protection law since the entry into force of the agreement.

More specifically, the proposed Agreement:

defines the notion of "information obtained by investigative process" which will be subject to the newly agreed exchange mechanism;

lays down the circumstances and conditions for the exchange of information; sets out confidentiality obligations and the conditions under which the information transmitted can be used by the receiving party: the draft Agreement stipulates that: (i) the information can only be used for the purposes specified in the request and for the purpose of applying the competition rules by the receiving authority; (ii) no information transmitted under the Agreement shall be used to impose custodial sanctions on individuals; regulates the communication of documents between the Commission and the national competition authorities of the Member States and between the Commission and the EFTA Surveillance Authority.

Taking account of the number of changes, it is provided that the proposed Agreement shall supersede the existing 1999 Agreement.

Documents

History

(these mark the time of scraping, not the official date of the change)

activities
  • date
    2016-06-27T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0423/COM_COM(2016)0423_EN.pdf
      text
      • PURPOSE: to conclude the Agreement between the European Union and the Government of Canada regarding the application of their competition law.

        PROPOSED ACT: Council Decision.

        ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

        BACKGROUND: the existing Cooperation Agreement with Canada dates from June 1999 and at that time the exchange of evidence between the parties was not regarded as needed. In the meantime, the bilateral cooperation between the European Commission and the Canadian Competition Bureau has become more frequent and deeper as concerns substance. The absence of the possibility to exchange information with the Canadian competition authority is regarded as a major impediment to effective cooperation.

        The proposal derives from a Council mandate of 9 October 2008 in which the Commission was authorised to start negotiations to update the existing Cooperation Agreement between the EU and Canada in competition matters. The purpose is to include provisions which allow the competition authorities of both sides to exchange evidence that they have collected in the course of their respective investigations.

        Many worldwide or transatlantic cartels include Canada and via Canada the Commission will get a good opportunity to have access to additional information concerning these cartels.

        CONTENT: the Commission calls on the Council to approve, on behalf of the Union, the Agreement between the European Union and the Government of Canada regarding the application of their competition law.

        The proposed changes to the existing agreement will allow the European Commission and the Canadian Competition Bureau to exchange evidence which both sides have obtained in their investigations.

        The Parties left the text of the existing agreement in principle unchanged and only added the necessary provisions defining the framework for the discussion, transmission and use of legally protected information. The changes also reflect the developments in European data protection law since the entry into force of the agreement.

        More specifically, the proposed Agreement:

        defines the notion of "information obtained by investigative process" which will be subject to the newly agreed exchange mechanism;

        • lays down the circumstances and conditions for the exchange of information;
        • sets out confidentiality obligations and the conditions under which the information transmitted can be used by the receiving party: the draft Agreement stipulates that: (i) the information can only be used for the purposes specified in the request and for the purpose of applying the competition rules by the receiving authority; (ii) no information transmitted under the Agreement shall be used to impose custodial sanctions on individuals;
        • regulates the communication of documents between the Commission and the national competition authorities of the Member States and between the Commission and the EFTA Surveillance Authority.

        Taking account of the number of changes, it is provided that the proposed Agreement shall supersede the existing 1999 Agreement.

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      COM(2016)0423
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      Legislative proposal published
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      CELEX:52016PC0423:EN
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    Competition
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          Competition
          6.20.03
          Bilateral economic and trade agreements and relations
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          VAN NIEUWENHUIZEN Cora
          New
          NAGTEGAAL Caroline
          activities/0/docs/0/celexid
          CELEX:52016PC0423:EN
          activities/0/docs/0/celexid
          CELEX:52016PC0423:EN
          committees/0/shadows/4
          group
          Verts/ALE
          name
          REIMON Michel
          activities/0/commission/0/DG/url
          Old
          http://ec.europa.eu/dgs/competition/
          New
          http://ec.europa.eu/info/departments/competition_en
          committees/0/shadows/3
          group
          GUE/NGL
          name
          LÓPEZ BERMEJO Paloma
          committees/0/shadows/5/group
          Old
          EFD
          New
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          Old
          http://ec.europa.eu/dgs/competition/
          New
          http://ec.europa.eu/info/departments/competition_en
          activities/0/docs/0/text
          • PURPOSE: to conclude the Agreement between the European Union and the Government of Canada regarding the application of their competition law.

            PROPOSED ACT: Council Decision.

            ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

            BACKGROUND: the existing Cooperation Agreement with Canada dates from June 1999 and at that time the exchange of evidence between the parties was not regarded as needed. In the meantime, the bilateral cooperation between the European Commission and the Canadian Competition Bureau has become more frequent and deeper as concerns substance. The absence of the possibility to exchange information with the Canadian competition authority is regarded as a major impediment to effective cooperation.

            The proposal derives from a Council mandate of 9 October 2008 in which the Commission was authorised to start negotiations to update the existing Cooperation Agreement between the EU and Canada in competition matters. The purpose is to include provisions which allow the competition authorities of both sides to exchange evidence that they have collected in the course of their respective investigations.

            Many worldwide or transatlantic cartels include Canada and via Canada the Commission will get a good opportunity to have access to additional information concerning these cartels.

            CONTENT: the Commission calls on the Council to approve, on behalf of the Union, the Agreement between the European Union and the Government of Canada regarding the application of their competition law.

            The proposed changes to the existing agreement will allow the European Commission and the Canadian Competition Bureau to exchange evidence which both sides have obtained in their investigations.

            The Parties left the text of the existing agreement in principle unchanged and only added the necessary provisions defining the framework for the discussion, transmission and use of legally protected information. The changes also reflect the developments in European data protection law since the entry into force of the agreement.

            More specifically, the proposed Agreement:

            defines the notion of "information obtained by investigative process" which will be subject to the newly agreed exchange mechanism;

            • lays down the circumstances and conditions for the exchange of information;
            • sets out confidentiality obligations and the conditions under which the information transmitted can be used by the receiving party: the draft Agreement stipulates that: (i) the information can only be used for the purposes specified in the request and for the purpose of applying the competition rules by the receiving authority; (ii) no information transmitted under the Agreement shall be used to impose custodial sanctions on individuals;
            • regulates the communication of documents between the Commission and the national competition authorities of the Member States and between the Commission and the EFTA Surveillance Authority.

            Taking account of the number of changes, it is provided that the proposed Agreement shall supersede the existing 1999 Agreement.

          committees/0/date
          2016-07-12T00:00:00
          committees/0/rapporteur
          • group
            EPP
            name
            FERBER Markus
          committees/0/shadows
          • group
            S&D
            name
            SANT Alfred
          • group
            ECR
            name
            LOONES Sander
          • group
            ALDE
            name
            VAN NIEUWENHUIZEN Cora
          • group
            EFD
            name
            ZANNI Marco
          • group
            ENF
            name
            KAPPEL Barbara
          committees/2/date
          2016-07-11T00:00:00
          committees/2/rapporteur
          • group
            ENF
            name
            LEBRETON Gilles
          activities
          • date
            2016-06-27T00:00:00
            docs
            • url
              http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0423/COM_COM(2016)0423_EN.pdf
              celexid
              CELEX:52016PC0423:EN
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          • Canada
          reference
          2016/0195(NLE)
          title
          EU/Canada Agreement: application of their competition laws
          legal_basis
          stage_reached
          Preparatory phase in Parliament
          subtype
          Consent by Parliament
          type
          NLE - Non-legislative enactments
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