Legal provisions of COM(2001)632 - EC position within the EC-Turkey Association Council, concerning a Decision of the EC-Turkey Association Council adopting the implementing rules necessary for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 of the EC-Turkey Association Council - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2001)632 - EC position within the EC-Turkey Association Council, concerning a Decision of the EC-Turkey Association Council adopting ... |
|---|---|
| document | COM(2001)632  |
| date | November 7, 2001 |
|
52001PC0632
Proposal for a Council decision on the position to be adopted by the Community within the EC-Turkey Association Council, concerning a Decision of the EC-Turkey Association Council adopting the implementing rules necessary for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 of the EC-Turkey Association Council /* COM/2001/0632 final */
Proposal for a COUNCIL DECISION on the position to be adopted by the Community within the EC-Turkey Association Council, concerning a Decision of the EC-Turkey Association Council adopting the implementing rules necessary for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 of the EC-Turkey Association Council
(presented by the Commission)
EXPLANATORY MEMORANDUM
The proposed Decision on implementing rules for competition is based on Article 37 of Decision 1/95 of the EC-Turkey Association Council. It covers competition policy in the fields of rules for undertakings and state aid control.
The proposed implementing rules are based on existing rules, especially on those with the CEECs. They do not change the obligations, or derogations granted from the acquis communautaire, under the Decision 1/95. They do not try to achieve more than what is set out in the mandate. In order to respect the mandate, provisions referring to merger procedures have not been included.
The guiding principle for the implementing rules is that the existing systems and competition laws remain unaltered by the implementing rules. The rules will however create viable mechanisms for enhancing cooperation between the responsible authorities of the EC and Turkey. The main filter for issues to fall within the interest of cooperation is that anticompetitive behaviour or activities may affect trade between the European Community and Turkey.
The proposal contains chapters on procedural provisions, substantive provisions, and provisions relating to dispute avoidance. The cooperation mechanisms will aim at providing for systematic information exchange and increased transparency with respect to issues covered by the implementing rules. The substantive provisions of Decision 1/95 are included by way of reference. In general, the proposed rules recall the principle to take into consideration the important interests of the other Party in the course of its enforcement activities.
The proposed rules require the establishment of a Turkish State Aid Monitoring Authority effective as of 01.01.2003. The Community would grant upon request technical assistance within the existing frameworks in areas related to the implementing rules. The cooperation and information mechanisms will also provide the Community with valuable instruments to advance the approximation process.
The Council is requested to adopt the attached proposal for a Council Decision on the position to be adopted by the Community within the EC-Turkey Association Council, concerning a Decision of the EC-Turkey Association Council adopting the implementing rules necessary for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 of the EC-Turkey Association Council.
Proposal for a COUNCIL DECISION on the position to be adopted by the Community within the EC-Turkey Association Council, concerning a Decision of the EC-Turkey Association Council adopting the implementing rules necessary for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 of the EC-Turkey Association Council
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 83 thereof and the first sentence of the first subparagraph and the second subparagraph of Article 300(2),
Having regard to the proposal from the Commission,
Whereas:
(1) The Agreement establishing an Association between the European Economic Community and the Republic of Turkey, is hereinafter referred to as the Ankara Agreement, .
OJ L 217 of 29.12.1964.
(2) Article 37 of Decision No 1/95 of the EC-Turkey Association Council lays down that the Association Council shall adopt the necessary rules for implementation of Articles 32, 33, and 34 and related parts of Article 35, that these rules shall be based upon those already existing in the Community and that they shall inter alia specify the role of each competition authority,
HAS DECIDED AS FOLLOWS:
The position to be adopted by the Community within the Association Council established by the Ankara Agreement, concerning a Decision of the EC-Turkey Association Council adopting the implementing rules necessary for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 of the EC-Turkey Association Council shall be based on the draft decision of the Association Council annexed to this Decision.