TWINNING COVENANT

REFERENCE NO. RO/IB/2003/JH/10

2.24.
On competition law French experts form ENM will train the trainers, thus meeting EU standards.
At its basis will be article 3(g) of the Treaty, which states that the activities of the Community
shall include "a system ensuring that competition in the internal market is not distorted". The
main areas of application are restrictive agreements and state aid, yet all areas (mentioned below)
should be referred to. The European Agreement with Romania, which came into force on 1
February 1995, provides for a competition regime to be applied in trade relations between the
Community and Romania based on the requirements set out in Articles 81, 82 and 87 of the EC
Treaty (ex-Articles 85, 86 and 92) concerning agreements between undertakings, abuses of
dominant position and State aid, and for implementing rules in these fields to be adopted within
three years of the entry into force of the Agreement. Furthermore, the Agreement requires
Romania to make its rules on competition compatible with those of the Community. The White
Paper refers to the progressive application of the above provisions and of those contained in the
merger Regulation (4064/89) and Articles 31 (ex-Article 37) and 86 (ex-Article 90) concerning
monopolies and special rights of the EC Treaty. The new 1999 antitrust law and the 2000 State
aid law brings Romanian competition law into line with the acquis and covers most Community
provisions.
Training will focus on ensuring that a European economic area based on market forces can
function effectively. The European Community's competition policy (Articles 81 to 89 of the EC
Treaty, formerly 85 to 94) is based on five main principles:

the prohibition of concerted practices, agreements and associations between undertakings

which may affect trade between Member States and prevent, restrict or distort competition
within the common market;
the prohibition of abuse of a dominant position within the common market, in so far as it may
affect trade between Member States;
supervision of aid granted by the Member States, or through State resources in whatever form
whatsoever, which threatens to distort competition by favoring certain undertakings or the
production of certain goods;
preventive supervision of mergers with a European dimension, by approving or prohibiting
the envisaged alliances;
liberalisation of certain sectors where public or private enterprises have hitherto evolved
monopolistically, such as telecommunications, transport or energy.

A capita selecta will be made from rules on Competition principles, Restrictive practices,
Prohibited agreements, Authorized agreements, exemptions and negative clearances, Supervision
procedures, Dominant positions, Concentrations, Application of the rules of competition to
public undertakings, State aids and other subsidies, Intra-Community dumping practices,
Obligations of undertakings, National trading monopolies.
Training could refer to:

Council Regulations (EC) 17/62, 26/62, 19/65, 2821/71, 2988/74, 4056/86 (maritime

transport), 3976/87 (air transport), 3975/87 (air transport), 1534/91(insurance-sector), 479/92

(liner shipping consortia), 2077/92 (tobacco sector), 994/98 (certain categories of horizontal
State aid), 1540/98 (new rules on aid to shipbuilding), 659/1999 (detailed rules art 93 ECT),
3094/95 (aid to shipbuilding), 718/1999 (capacity policy to promote inland waterway
transport), 1407/2002 (State aid to the coal industry), 1407/2002 (State aid coal industry);

Commission Directives: 88/301 (competition in the markets in telecommunication terminal

equipment); 90/388 (idem), 94/46 (satellite communications), 96/2 (mobile and personal
communications);

Commission Regulation 3932/92 (insurance), 240/96 (industrial property, licenses e.a.),

3385/94 (on Council regulation 17), 2842/98 (hearing of parties in certain procedures),
2790/1999 (vertical agreements e.a.), 823/2000 (liner shipping consortia), 2658/2000,
2659/2000 (research and development), 1400/2002 (vertical agreements in motor vehicle
sector), 4064/89 (concentrations between undertakings-mergers), 447/98 (idem on
notifications, time limits and hearings provided by 4064/89), 80/723 (on transparency of
financial relations between MS and public undertakings), 101/89 (inland waterway transport),
2812/94 (conditions idem), 68/2001 (training aid), 69/2001 (de minimis aid). 68/2001
(training aid), 69/2001 (de minimis aid), 70/2001 state aid to small and medium-sized
enterprises;

Agreements on the European Economic areas;

Commission regulation 3932/92, 3385/94.