Strasbourg, 10/09/2001 (Agence Europe) - As indicated earlier, the EP approved, with a number of amendments, the proposal of reform for competition policy defended by Commissioner Monti. In particular, the EP (which could only give its opinion as this matter does not come under codecision) approved an amendment affirming that the reform must aim to "promote the uniformity of sanctions" in the case of infringement. It rejected, on the other hand, that of extending professional secrecy to internal company advisers, thus taking the Commission's concerns into account (see yesterday's EUROPE, p.11).
"This is a proposal with broad implications that comes up against the resistance of several Member States", Mario Monti admitted during the debate in night session. He gave his assurance that the Commission would be "very firm about the aim of establishing uniformity of conditions for agreements that may affect trade between member States". In particular, he mentioned the following points: - professional secrecy. Mr Monti said he was "deeply concerned by the amendments that would extend professional secrecy to internal councils of enterprises". In order to effectively apply competition rules, the Commission must obtain proof of infringement, and "we must very much rely on on-the-spot inspections to unearth documents showing the existence of cartels", he explained. He went on to acknowledge the "positive role" that these jurists can play by advising companies on the subject of respect of competition rules. However, as such jurists depend on the company concerned, there can be conflicting interests, warned Mr Monti (whose "dynamismi" was praised by Mr Evans, recalling that the press nicknamed him "Supermario"). If communications with these persons were to become reserved, the Commission's powers would be "seriously compromised", he warned. Also, before the vote, he made a gesture towards Parliament, announcing that the Commission could agree, if the plenary did not approve the amendment causing it concern, not to consider as "aggravating circumstances", during the calculation of a "pecuniary sanction", the existence of proof showing that legal councils of the company in question had warned the company; - harmonisation of procedures and sanctions. Mr Monti exclaimed that he recognised it would be desirable to have common procedures and sanctions, but "neither Rome nor the Community were built in a day"; - national judges. We know that the reform proposed could "require that judges acquire new powers", said Mr Monti, adding that he agreed with the rapporteur on the importance of judges' training. He pointed out that the Commission was examining the possibility of cooperating with national authorities on this and of "providing funding based on existing training programmes".