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Slovenia

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1) REFERENCES

Commission Opinion [COM(97) 2010 final - Not published in the Official Journal]
Commission Report [COM(98) 709 final - Not published in the Official Journal]
Commission Report [COM(99) 512 final - Not published in the Official Journal]
Commission Report [COM(2000) 712 final - Not published in the Official Journal]
Commission Report [COM(2001) 700 final - SEC(2001) 1755 - Not published in the Official Journal]
Commission Report [COM(2002) 700 final - SEC(2002) 1411 - Not published in the Official Journal]
Commission Report [COM(2003) 675 final - SEC(2003) 1208 - Not published in the Official Journal]
Treaty of Accession to the European Union [Official Journal L 236 of 23.09.2003]

2) SUMMARY

In its July 1997 Opinion, the Commission took the view that current Slovene legislation on restrictive agreements was unsatisfactory and that the competition protection office needed to be strengthened if the law was to be effectively enforced. As for State aid, the Commission found that satisfactory information and monitoring systems did not yet exist and invited Slovenia to make a major effort over the medium term to meet the conditions laid down by the Community.

The November 1998 Report noted that, despite some progress in implementing legislation on restrictive agreements, administrative capacity needed to be improved in order to ensure effective enforcement of competition law. As far as State aid was concerned, the Report called for considerable efforts to align legislation, establish an inventory and make the monitoring authority operational.

The October 1999 Report indicated that encouraging progress had been made. Slovenia must consolidate this progress, particularly in the State aid field.

The November 2000 Report noted that Slovenia had made considerable progress during the year as a result of the entry into force of the new antitrust law and the framework law on State aid control.

The November 2001 Report took the view that Slovenia had continued to make progress, in particular in the field of State aid. The competition protection office and the Commission for the Control of State aid were implementing the new antitrust and State aid laws. In addition, the report and aid inventory were also of good quality.

The October 2002 Report considered that Slovenia had made further progress in the field but that it should implement the provisions on State aid and the financial resources for the Competition Protection Office.

The November 2003 Report stated that, although Slovenia was expected to be in a position to implement the acquis in the field of State aid, further progress was needed in the antitrust sector. The legislation should be amended so as to enable the Competition Protection Office to impose effective and deterrent fines.
The Treaty of Accession was signed on 16 April 2003 and accession took place on 1 May 2004.

COMMUNITY ACQUIS

European Community rules on competition stem from Article 3(g) of the EC Treaty, which states that the activities of the Community must include "a system ensuring that competition in the internal market is not distorted". The main areas of application are restrictive agreements and State aid.

The Europe Agreement with Slovenia, which came into force on 1 February 1995, provides (i) for a competition regime to be applied in trade relations between the Community and Slovenia and based on the requirements set out in Articles 81, 82 and 87 of the EC Treaty (formerly Articles 85, 86 and 92) concerning agreements between undertakings, abuses of dominant position and State aid, and (ii) for implementing rules in these fields to be adopted within three years of the entry into force of the Agreement.

Furthermore, the Agreement requires Slovenia 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 in Articles 31 (formerly Article 37) and 86 (formerly Article 90) concerning monopolies and special rights of the EC Treaty.

EVALUATION

Significant progress has been made in the field of restrictive agreements by the adoption of the new antitrust law in 2000. Slovene legislation is now in line with most of the acquis provisions and EC legislation. However, the competition protection office must put in place a more dissuasive policy in respect of serious distortions of competition rules. It must also ensure that the courts apply the rules effectively.

Following the entry into force in 2000 of the new State aid framework law, Slovenia is now largely in line with the acquis. The Commission for the Control of State Aid is the institution responsible for implementing the new State aid legislation.

Slovenia has continued to progress in adopting legislation on State aid and the development of the administrative capacity of the Commission for the Control of State Aid. In order to complete preparations for membership, Slovenia must, as a priority, further strengthen its administrative capacity so as to ensure credible enforcement of the antitrust rules.

Negotiations on the current chapter are provisionally closed (see 2002 Report). Slovenia must now continue to update its alignment measures as the acquis in this field develops.

This summary is for information only and is not designed to interpret or replace the reference document.

 
Last updated: 03.03.2004
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