Activities of Claude GRUFFAT related to 2020/2223(INI)
Plenary speeches (1)
Competition policy – annual report 2020 (debate)
Shadow reports (1)
REPORT on competition policy – annual report 2020
Amendments (63)
Amendment 1 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the 2030 Greenhouse gas emissions target of the EU as endorsed by the EU leaders in December 2020,
Amendment 2 #
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the Commission Communication and roadmap of 11 December 2019 on the European Green Deal2a, _________________ 2ahttps://eur- lex.europa.eu/resource.html?uri=cellar:b 828d165-1c22-11ea-8c1f- 01aa75ed71a1.0002.02/DOC_1&format= PDF
Amendment 3 #
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the Commission Communication of 20 May 2020 on EU Biodiversity Strategy for 2030 to protect the fragile natural resources on our planet3a, _________________ 3ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A52020 DC0380&qid=1612254399004
Amendment 4 #
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
- having regard to the Commission Communication of 11 March 2020 on a new Circular Economy Action Plan for a Cleaner and More Competitive Europe4a, _________________ 4ahttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A52020 DC0098&qid=1612254510514
Amendment 27 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas the European Council endorsed a new binding 2030 target of a net domestic reduction of at least 55% in greenhouse gas emissions compared to 1990;
Amendment 29 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas full coherence between the Union’s policy goals in the framework of the Green Deal and the UN Sustainable Development Goals on the one hand and competition rules on the other is necessary;
Amendment 39 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that a competition policy aiming to ensure a level playing field in all sectors, drive innovation and give consumers more choices, is crucial for guaranteeing the proper functioning of the single market; expresses its concern with the increase in industry concentration in Europe; observes in this regard that between 2001 and 2012 the average industry across 10 European economies saw a 2-3-percentage point increase in the share of the 10% largest companies in industry sales; warns that increase is observed for both manufacturing and nonfinancial services and is not driven by digital-intensive sectors; notes that increase in industry concentrations lead to higher mark-ups associated with higher profits at the expense of the European consumer;
Amendment 41 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Considers that the treaty-based competition rules must be interpreted in the light of the wider European values underpinning the Union’s social market economy, notably environmental and social protection, equality considerations, consumer protection and public health, as mandated by Article 7 TFEU; takes the view, therefore, that activities which cause negative social and environmental externalities create market distortions that need to be addressed by means of competition law while, conversely, activities which bring social or environmental benefits should be explicitly taken into account when assessing treaty-based competition provisions;
Amendment 43 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Observes that there are many areas for concern in the EU such as low inflation, stagnating labour productivity, increasing inequality, unfair foreign competition and the climate breakdown; emphasises that the EU needs to use an investment-led and innovation-led policies to tackle these issues, in particular the EU needs more not less strategic spending; notes that key drivers of productivity are education, research, and training; believes that EU competition rules should facilitate and enhance the ability for Member States to take the risks of co- creating new markets focusing on such long-term societal issues; notes in this regard that innovation-led growth is not just about fixing a market failure but also about setting direction and creating new markets; warns that even with mild deficits, debt to GDP can increase due to lagging growth making the dynamics of long-term investment, not the deficit, the key concern;
Amendment 44 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Highlights that a broad reflection on a smart industrial policy that can help reallocate resources to certain key sectors (e.g. health) in a way that does not distort competition between firms can also help to lay the ground for a resilient and sustainable economy in the long term; stresses that restoring effective competition in the medium to long term is also key to ensuring that the recovery is rapid and consistent;
Amendment 45 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Urges the Commission to mainstream green, digital and industrial strategies in setting the conditions for future state aid by the Member States; is concerned with the insufficient integration of the EU’s objectives for a green, social and digital EU in state aid policies, in particular, the revision of the energy and environmental rules will have to facilitate appropriate measures further promoting a modern decarbonised and circular economy;
Amendment 46 #
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1 e. Stresses that beyond strengthening the single market, competition policy should be considered and applied under the wider European values regarding environmental standards, social affairs, climate policy and consumer protection; welcomes consequently the EC’s public consultation on Competition Law and the Green Deal as a step forward towards enhanced public policy cohesion; calls on the Commission to come forward with a forward-looking, comprehensive action plan on how competition and state aid rules should be revised;
Amendment 47 #
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1 f. Stresses that EU consumers’ interests go beyond the availability of cheap products, and include, among others, a heathy environment in the EU and abroad and the proliferation of fair trading relations;
Amendment 48 #
Motion for a resolution
Paragraph 1 g (new)
Paragraph 1 g (new)
1 g. Points out that even when products or services are supplied for free, consumers may still have to endure unjust behaviour, such as a degradation in quality or extortive practices; calls therefore, for the purposes of the cases under consideration, for the formulation of a 'theory of harm', which should transcend price-centric approaches and account for broader considerations;
Amendment 56 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that ensuring a level playing field for undertakings in the single market also depends on decisively and effectively combating social dumpingprotecting the environment, combating social, environmental dumping, tax avoidance and tax evasion;
Amendment 61 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Reiterates that taxation is being used to grant indirect state aid, creating an uneven playing field in the internal market; calls in the Commission to review its state aid guidelines on tax to assess whether tax advantages, such as tax exemptions or tax credits, do distort competition; calls on the Commission to look into the possibility to fine countries found in breach of EU state aid rules;
Amendment 62 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Highlights that small and medium- sized enterprises (SMEs) are the backbone of the European economy, representing 99.8% of non-financial enterprises in the EU; notes that the strong contribution to job creation and value added make SMEs crucial to ensuring economic growth and social integration in the EU; regrets that despite their growth opportunities, SMEs may face difficulties in obtaining access to finance;
Amendment 66 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights that excaggressive tax burdens may stifle innovation and jeopardise the contestability of markets, especially for SMEspractices by multinationals, harmful tax practices and tax advantages targeted at large companies can stifle innovation and jeopardise the contestability of markets, especially for SMEs; calls on the Commission to assess whether patent box regimes, super R&D deductions and tax credits distort the level playing field and competition in the EU;
Amendment 73 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reiterates that it is deeply alarmed at the far-reaching concentration of the food supply chain to the detriment of consumers, farmers, the environment and biodiversity alike;
Amendment 81 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the adoption of a Temporary Framework for State aid measures established in response to the COVID-19 crisis; observes that state aid budgets differ substantially across EU Member States; stresses, however, that state aid given in response to the COVID- 19 crisis should not undermine the EU’s capacity to achieve its climate and environment objectives by providing state aid to economic activities which are environmentally and economically not viable; calls on the Commission to require binding sustainability conditions for state aid to economic activities with a high carbon footprint;
Amendment 89 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to take measures in accordance to the conclusions and recommendations made in the study ‘Impact of state aid on competition and competitiveness during the COVID-19 pandemic: an early assessment’ by the Policy Department for Economic, Scientific and Quality of Life Policies at the European Parliament;
Amendment 93 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Notes that the Temporary Framework for State aid measures includes certain conditionalities for certain types of state aid measures such as recapitalisation; welcomes in this regard conditionalities such as a ban on dividend distribution, bonus payments and share buybacks; regrets however that such conditionalities were not imposed on other state aid measures; calls the Commission to impose such conditionalities to all state aid measures in the Temporary Framework;
Amendment 94 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Observes with concern that recent EU state aid cases hardly refer to the overall EU policy objectives of a green and digital transformation of the EU economy; regrets that most Member States do not make state aid conditional to long-term societal objectives such as tax compliance and sustainability; welcomes the Commission’s recommendation on state aid and tax havens in this regard; calls on the Commission to ensure that the Temporary Framework for State aid prevents undermining of key EU policy objectives such as the European Green Deal, the EU’s Digital Strategy and the European Pillar of Social Rights; in this regard, calls on the Commission to take a stronger stance on these matters in the future, including restrictions on mass lay- offs;
Amendment 95 #
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Highlights that the transparency and traceability of the state case evaluation process should be enhanced; observes that the motivation for approving cases as well as the conditions imposed are often only vaguely described, moreover, ask for a better and more systemic reporting on which Member States and which economic activities are entitled to which kind of public support;
Amendment 96 #
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Stresses that the European Commission evaluates state aid cases on a case-by-case basis; highlights that there is a risk of interconnectedness between cases that can be neglected; asks the commission to evaluate the cases while taking into account previous cases submitted by the same Member State as well as similar case submitted by other Member State;
Amendment 98 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to launch a post COVID-19 roadmapaction plan for lessfair and better targeted State aid;
Amendment 102 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 112 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates the priority of ensuring that State aid rules are strictly and impartially adhered to, including when dealing with future banking crises, so that taxpayers are protected against the burden of bank rescues; believes banks receiving state aid should be prohibited to distribute dividends and make bonus payments;
Amendment 126 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. CNotes that EU competition rules should not be seen in isolation of monetary, trade and fiscal policies; calls for reflection on possible distortions of competition arising from the European Central Bank’s pandemic emergency purchase programme (PEPP) and corporate sector purchasing programme (CSPP); asks the Commission to examine whether possible distortions of competition arising from the CSPP in particular hit SMEs;
Amendment 149 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. ECalls on the Commission to pay more attention to the role of foreign-based state-owned enterprises that are supported and subsidized by their governments in ways that the EU single market rules prohibit for EU entities; expresses its concern about distortive state-funded competition from Chinese and other foreign undertakings acquiring European undertakings, especially those active in innovative technologies;
Amendment 160 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission’s White Paper on levelling the playing field as regards foreign subsidies; observes the continues foreign takeover pressure on European companies such as Carrefour; warns that urgent action on the matter is needed;
Amendment 165 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Regrets that the Commission continues to negotiate free trades agreements at any costs;
Amendment 170 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the opinion that the Union and the Member States need targeted policies and investments to reindustrialise certain strategic industries and re- shore jobs and value chain activities;
Amendment 183 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the inclusion in EU competition rules of a thorough State aid check on undertakings from third countries, while stressing that the Union should remain open to foreign direct investments complying with its legal framework and respect European social and environmental standards;
Amendment 188 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for a spillover analysis of EU state aid rules on the competitiveness of low and middle-income countries;
Amendment 189 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Reiterates its call to the Commission and Member States to adopt reinforced trade defence instruments to combat unfair trade practices; calls, therefore, for unfair trading practices to be addressed effectively by making full use of the available instruments, including taking into account social and environmental dumping and developing new effective tools to tackle the distortive effects of foreign state ownership and subsidies in the internal market;
Amendment 191 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14 c. Regrets that the EU-UK Trade and Cooperation agreement does not provide for a full level playing field as regards state aid and competition; notes with concern that compared to other trade agreements, such as with Switzerland, the EU-UK agreement is weaker;
Amendment 193 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14 d. Calls on the Commission to ensure reciprocity with third countries, including in the respect of social and environmental standards, in public procurement and in investment policy; calls for the finalization of the EU’s international procurement instrument by 2021;
Amendment 198 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Stresses the importance of clear measures to ensure effective enforcement and supervision of competition law at the EU level, especially in the context of fast- moving markets; underlines that the compliance of provisions must be reinforced with effective and proportionate penalties;
Amendment 219 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to consider proposals to prohibit platforms from engaging in self-preferencing or operating in lines of business that depend on or interoperate with the platform, as well as to require platforms to make their services compatible with competing networks to allow for interoperability, including of core services, and data portability;
Amendment 231 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 274 #
Motion for a resolution
Subheading 4 a (new)
Subheading 4 a (new)
Competition rules supporting the European Green Deal;
Amendment 275 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Notes that to ensure the competition policy’s alignment with the European Green Deal, the state aid regime must be revised, taking the Union’s 2050 climate neutrality and new 2030 greenhouse gas emission reduction targets, as well as zero pollution and circular economy strategies into account; notes that mobilising investments at the scale needed to meet the 2030 emission targets will require in certain appropriate cases the provision of state aid as recognised by the Commission; calls therefore on the Commission to make sure that the alignment to the Green Deal should be reflected on all state aid regulations and not only on those for environmental protection and energy;
Amendment 276 #
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Welcomes the implementation of Important Projects of Common European Interest (IPCEI) such as the European Battery Alliance; calls on the Commission to further promote major IPCEIs in disruptive technologies, to simplify the relevant provisions and to streamline its requirements so that smaller industrial research projects are also approved;
Amendment 277 #
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Calls on the Commission, as part of its upcoming revision of the Guidelines on State aid for environmental protection and energy to include nuclear energy fossil fuels and subject aid granted to them to strict necessity tests; calls furthermore on the Commission to provide for greater flexibility for aid granted to citizen-generated renewable energy in line with the EU’s climate commitments, notably concerning thresholds and technology neutrality for tendering procedures; underlines that further guidance is needed on repowering, hybrid projects and electricity storage;
Amendment 278 #
Motion for a resolution
Paragraph 25 d (new)
Paragraph 25 d (new)
25 d. Underlines the existing market failures to trigger the necessary investments in energy efficiency and savings, especially in the building sector; notes that renovation models such as those proposed by energy service companies (ESCOs) have proven successful in achieving benefits; deplores however that the General Block Exemption Regulation and existing guidelines provide little guidance on state aid in this context; calls therefore on the Commission to provide further guidance and an enabling framework for further investments in energy efficiency and building renovation;
Amendment 279 #
Motion for a resolution
Paragraph 25 e (new)
Paragraph 25 e (new)
25 e. Calls on the Commission to review its guidelines on state aid for airports and airlines, in order to align them with EU’s climate commitments and the Paris Agreement; urges the Commission to not extend the transitional period, from 2014 to 2024, in which airports can receive operating aid, preferably this transitional period should end in 2022; calls on the Commission to exclude from the scope of the General Block Exceptions Regulation aid granted to airports and ports;
Amendment 280 #
Motion for a resolution
Paragraph 25 f (new)
Paragraph 25 f (new)
25 f. Recalls the need for a roadmap for better-targeted state aid especially for the delivery of services of general economic interest including energy, transport or telecommunications;
Amendment 281 #
Motion for a resolution
Paragraph 25 g (new)
Paragraph 25 g (new)
25 g. Calls on the Commission to continue its in-depth analysis on the extent and effect of buying alliances on the economic functioning of the agricultural and food supply chain, taking particular account of the effects on small suppliers;
Amendment 282 #
Motion for a resolution
Paragraph 25 h (new)
Paragraph 25 h (new)
Amendment 283 #
Motion for a resolution
Paragraph 25 i (new)
Paragraph 25 i (new)
25 i. Considers that competition policy should better integrate the value of public good in food pricing in light of the growing demand for more sustainable food systems; calls for EU competition policy to consider broader consumers' interests, beyond the factor of price alone; calls on the Commission to provide, in the context of the revision of the horizontal guidelines, legal certainty for horizontal and vertical cooperation initiatives with the aim of improving factors such as sustainability and fair labour standards in the food supply chain on the conditions under which such arrangements are admissible;
Amendment 284 #
Motion for a resolution
Paragraph 25 j (new)
Paragraph 25 j (new)
25 j. Reiterates its call for coal regions to be identified as assisted areas in accordance with Article 107(3) (a) and (c) of the TFEU and for EU aid rules for these special regions to be adapted so as to enable measures to be taken to deal with structural change; insists that coal mining companies and coal power plant operators having received and still receiving public support for mining and burning coal must not be subject to a privileged state-aid treatment, including for traditional corporate responsibility activities such as ground water restoration, landscape refurbishment or other cleaning-up sites related activities; calls on the Commission to provide clear guidance and conditionality in line with EU climate commitments;
Amendment 294 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to give careful consideration to sectors which are the basis of many other industries, as well as the Union’s social and economic value chain; is concerned that excluding too large a number of such sectors from eligibility for State aidcurrent state aid regimes contradict the European Green Deal objectives by neglecting to factor in external costs such as climate, pollution, environment and health, including through the revised EU Emission Trading System State aid guidelines, may put the Union’s international competitiveness at risk’s free allocations and indirect cost compensation mechanisms;
Amendment 302 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Notes with concern that the recovery of illegal State aid remains a lengthy and cumbersome process; calls on the Commission to impose a new framework for fines, including the possibility for fines on member states;
Amendment 307 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Recalls that, in order to help SMEs cope with the greater challenges of entering new markets and enable them to compete on their own merits, EU trade and competition policy should contribute to an SME-friendly trade environment;
Amendment 308 #
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. Stresses that the concept of a ‘fair price’ should not be equated with the lowest consumer price possible, but instead should be reasonable and enable the fair remuneration of all actors; considers that a focus on lowest-possible consumer prices ignores the negative externalities associated with certain types of production; stresses that consumers have interests beyond low prices alone, such as environmental sustainability or quality and nutritional value of food;
Amendment 328 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Highlights that in the face of a crisis, some firms may be tempted to reorganize the structure of an industry by entering into so-called "crisis cartels", i.e. agreements among most or all competitors to restrict output and/or reduce capacity to increase profitability and prevent market exit in times of crisis;
Amendment 330 #
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31 b. Asks the Commission to monitor closely any significant and rapid price increases. In the short term, this may include enforcement actions to identify where and when prices increased in the supply chain, as well as the use of interim measures or warning letters to stop the conduct quickly when appropriate;
Amendment 331 #
Motion for a resolution
Paragraph 31 c (new)
Paragraph 31 c (new)
31 c. Asks the Commission to use its advocacy powers to highlight the risks of price control measures implemented by governments, including those related to distorting price signals that may encourage production and undermine incentives for new entrants to address shortages;
Amendment 336 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Highlights the potential of the ongoing review of the Guidelines on Horizontal Cooperation Agreements to facilitate cooperation agreements for sustainability which may result in the achievement of legitimate environmental or social policy objectives in the EU and abroad (such as enhanced environmental standards or the achievement of living incomes or living wages in third countries); invites the Commission in particular to consider societal benefits and delayed benefits when evaluating the fulfilment of Article 101(3);
Amendment 343 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Asks the Commission to come forward with a revision of the EU Merger Regulation, so that it may be vested with the powers, much as a number of Member States are at present, to adopt measures to protect the European public order and the rights and principles of the TFEU and EU Charter of Fundamental Rights, including environmental protection;
Amendment 348 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Calls on the Commission to issue guidance on the interpretation of "Significant Impediment to effective Competition" under the Merger Regulation so that in cases of merger, the Commission does not only look at prices, output and innovation but also pays attention to the social and environmental costs of such transitions in light of the TFEU principles including environmental protection;
Amendment 350 #
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32 d. Calls on the Commission to consider revising the thresholds for a merger review in order to include, among others, factors such as the number of consumers impacted and the value of the related transactions as part of its ongoing evaluation of the Merger Regulation; calls on the Commission to also assess higher levels of concentration due to horizontal ownership by large asset management companies in its ongoing evaluation of the Merger Regulation and consider providing guidelines on the use of Articles 101 and 102 fo the TFEU in this respect;