Debates Parlamentares - Diário 035S1, p. 29 (1996-04-18)

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18 DE ABRIL DE 1996

636-(29)

Description — the law on development of competition and restriction of monopolistic activities (no. 656 of 11 June 1991) has been adopted, but is of a general nature. It is necessary to develop the legislation further, in particular by means of adopting relevant amendments or adopting a new law.

Phase-out— 1 January 1998.

....... ------ Kyrgyzstan

Sector — all energy sectors.

Level of government — national.

Description — the law on anti-monopoly policies has already been adopted. The transitional period is needed to adapt provisions of this law to the energy sector which is now strictly regulated by the state.

Phase-out — 1 July 2001.

Moldova

Sector — all energy sectors.

Level of government — national.

Description — the law on restriction of monopolistic activities and development of competition of 29 January 1992 provides an organizational and legal basis for the development of competition, and of measures to prevent, limit and restrict monopolistic activities; it is oriented towards implementing market economy conditions. This law, however, does not provide for concrete measures of anti-competitive conduct in the energy sector, nor does it cover completely the requirements of article 6.

In 1995 drafts of a law on competition and a state programme of demonopolization of the economy will be submitted to the Parliament. The draft law on energy which will be also submitted to the Parliament in 1995 will cover issues on demonopolization and development of competition in the energy sector.

Phase-out—1 January 1998.

* Romania

Sector — all energy sectors.

Level of government — national.

Description — the rules of competition are not yet implemented in Romania. The draft law on protection of competition has been.submitted to the Parliament and is scheduled to be adopted during 1994.

The draft contains provisions with respect to anticompetitive behaviour, harmonized with the EC's law on competition.

Phase-out — 31 December 1996.

The Russian Federation

Sector — all energy sectors.

Level of government — The Federation.

Description — a comprehensive framework of anti-monopoly legislation has been created in the Russian Federation but other legal and organizational measures to prevent, limit or suppress monopolistic activities and unfair competition will have to be adopted and in particular in the energy sector.

Phase-out — 1 July 2001.

Slovenia

Sector — all energy sectors.

Level of government — national.

Description — law on protection of competition adopted in 1993 and published in Official Journal, no. 18/93 treats anti-competitive conduct generally. The existing law also provides for conditions for the establishment of competition authorities. At present the main competition authority is the Office of Protection of Competition in the Ministry of

Economic Relations and Development. With regard to importance of energy sector a separate law in this respect is foreseen and thus more time for full compliance is needed.

Phase-out—1 January 1998.

Tajikistan

Sector — all energy sectors.

Level of government — national.

Description — in 1993 Tajikistan passed the law on demonopolization and competition. However, due to the difficult economic situation in Tajikistan, the jurisdiction of the law has been temporarily suspended.

Phase-out —31 December 1997.

Turkmenistan

Sector — all energy sectors.

Level of government — national.

Description — under the Ruling of the President of Turkmenistan no. 1532 of 21 October 1993 the Cornmittee on Restricting Monopolistic Activities has been established and is acting now, the function of which is to protect enterprises and other entities from monopoly conduct and practices and to promote the formation of market principles on the basis of the development of competition and entrepreneurship.

Further development of legislation and regulations is needed which would regulate anti-monopoly conduct of enterprises in the economic activity in the energy sector.

Phase-out — 1 July 2001.

Uzbekistan

Sector — all energy sectors.

Level of government — national.

Description — the law on restricting monopoly activities has been adopted in Uzbekistan and has been in force since July 1992. However, the law (as is specified in article 1, paragraph 3), does not extend to the activities of enterprises in the energy sector.

Phase-out — 1 July 2001.

Article 6, 5)

«If a Contracting Party considers that any specified anti--competitive conduct carried out within the area of another Contracting Party is adversely affecting an important interest relevant to the purposes identified in this article, the Contracting Party may notify the other Contracting Party and may request that its competition authorities initiate appropriate enforcement action. The notifying Contracting Party shall include in such notification sufficient information to permit the notified Contracting Party to identify the anil-

18 DE ABRIL DE 1996636-(29)Description — the law on development of competition and restriction of monopolistic activities (no. 656 of 11 June 1991) has been adopted, but is of a general nature. It is necessary to develop the legislation further, in particular by means of adopting relevant amendments or adopting a new law.Phase-out— 1 January 1998........ ------ KyrgyzstanSector — all energy sectors.Level of government — national.Description — the law on anti-monopoly policies has already been adopted. The transitional period is needed to adapt provisions of this law to the energy sector which is now strictly regulated by the state.Phase-out — 1 July 2001.MoldovaSector — all energy sectors.Level of government — national.Description — the law on restriction of monopolistic activities and development of competition of 29 January 1992 provides an organizational and legal basis for the development of competition, and of measures to prevent, limit and restrict monopolistic activities; it is oriented towards implementing market economy conditions. This law, however, does not provide for concrete measures of anti-competitive conduct in the energy sector, nor does it cover completely the requirements of article 6.In 1995 drafts of a law on competition and a state programme of demonopolization of the economy will be submitted to the Parliament. The draft law on energy which will be also submitted to the Parliament in 1995 will cover issues on demonopolization and development of competition in the energy sector.Phase-out—1 January 1998.* RomaniaSector — all energy sectors.Level of government — national.Description — the rules of competition are not yet implemented in Romania. The draft law on protection of competition has been.submitted to the Parliament and is scheduled to be adopted during 1994.The draft contains provisions with respect to anticompetitive behaviour, harmonized with the EC's law on competition.Phase-out — 31 December 1996.The Russian FederationSector — all energy sectors.Level of government — The Federation.Description — a comprehensive framework of anti-monopoly legislation has been created in the Russian Federation but other legal and organizational measures to prevent, limit or suppress monopolistic activities and unfair competition will have to be adopted and in particular in the energy sector.Phase-out — 1 July 2001.SloveniaSector — all energy sectors.Level of government — national.Description — law on protection of competition adopted in 1993 and published in Official Journal, no. 18/93 treats anti-competitive conduct generally. The existing law also provides for conditions for the establishment of competition authorities. At present the main competition authority is the Office of Protection of Competition in the Ministry ofEconomic Relations and Development. With regard to importance of energy sector a separate law in this respect is foreseen and thus more time for full compliance is needed.Phase-out—1 January 1998.TajikistanSector — all energy sectors.Level of government — national.Description — in 1993 Tajikistan passed the law on demonopolization and competition. However, due to the difficult economic situation in Tajikistan, the jurisdiction of the law has been temporarily suspended.Phase-out —31 December 1997.TurkmenistanSector — all energy sectors.Level of government — national.Description — under the Ruling of the President of Turkmenistan no. 1532 of 21 October 1993 the Cornmittee on Restricting Monopolistic Activities has been established and is acting now, the function of which is to protect enterprises and other entities from monopoly conduct and practices and to promote the formation of market principles on the basis of the development of competition and entrepreneurship.Further development of legislation and regulations is needed which would regulate anti-monopoly conduct of enterprises in the economic activity in the energy sector.Phase-out — 1 July 2001.UzbekistanSector — all energy sectors.Level of government — national.Description — the law on restricting monopoly activities has been adopted in Uzbekistan and has been in force since July 1992. However, the law (as is specified in article 1, paragraph 3), does not extend to the activities of enterprises in the energy sector.Phase-out — 1 July 2001.Article 6, 5)«If a Contracting Party considers that any specified anti--competitive conduct carried out within the area of another Contracting Party is adversely affecting an important interest relevant to the purposes identified in this article, the Contracting Party may notify the other Contracting Party and may request that its competition authorities initiate appropriate enforcement action. The notifying Contracting Party shall include in such notification sufficient information to permit the notified Contracting Party to identify the anil-

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