WRITTEN QUESTION P-1556/03

by Maurizio Turco (NI) to the Commission

(2 May 2003)

Subject: Proceedings launched under Articles 85 and 226 of the Treaty establishing the European Community in respect of Italian companies and the Italian Government

In the light of its reply to Written Question P-0770/03(1),

given that under Article 85 of the EC Treaty the Commission, on application by a Member State or on its own initiative, and in cooperation with the competent authorities in the Member States, who shall give it their assistance, () shall investigate cases of suspected infringement, and

since Article 226 of the EC Treaty states that if the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations,

would the Commission answer the following questions:

- has it launched proceedings, under Article 85 of the EC Treaty and during the current parliamentary term, relating to suspected infringements on the part of Italian companies? What are the suspected infringements and how many cases are involved? Were the proceedings initiated on application by a Member State or on the Commission's own initiative? Which proceedings are still open?

- during the current parliamentary term, what proceedings has the Commission launched under Article 226 of the EC Treaty in respect of suspected infringements by the Italian Government of the obligations laid down in the Treaty, and how many cases are involved? Which of those proceedings have been closed, which of them have led to a request for Italy to submit its observations and which of them have led to the issue of a reasoned opinion?

(1) OJ C 33 E, 6.2.2004, p. 79.

Answer given by Mr Monti on behalf of the Commission

(12 June 2003)

During the current parliamentary term the Commission has not launched any proceedings under Article 85 of the EC Treaty, with regard to Italian companies, nor are there any pending proceedings. Article 85 has been to a large extent out of use since the adoption of Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 81 and 82 of the Treaty. With regard to investigations under Regulation 17, the Commission would refer the Honourable Member to its annual reports on the application of the competition rules in the European Union for 1999, 2000 and 2001. These reports are accessible via internet under http://europa.eu.int/comm/competition/annual_reports/.

With regard to infringement proceedings under Article 226 of the EC Treaty, the Commission would refer the Honourable Member to the annual reports to Parliament on monitoring the application of Community law relating to 1999(1), 2000(2) and 2001(3).

(1) OJ C 30, 30.1.2001.

(2) OJ C 263, 19.9.2001.

(3) OJ C 214, 10.9.2002.