Directive 2006/111 - Transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (Codified version) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (Codified version)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2006/111 |
| CELEX number i | 32006L0111 |
| Document | 16-11-2006 |
|---|---|
| Publication in Official Journal | 24-12-2008; OJ L 318, 17.11.2006,Special edition in Croatian: Chapter 08 Volume 002,OJ L 348M , 24.12.2008,Special edition in Bulgarian: Chapter 08 Volume 005,Special edition in Romanian: Chapter 08 Volume 005 |
| Effect | 20-12-2006; Entry into force See Art 11 |
| End of validity | 31-12-9999 |
| Transposition | 31-12-1981; At the latest See Art 10 |
17.11.2006 |
EN |
Official Journal of the European Union |
L 318/17 |
COMMISSION DIRECTIVE 2006/111/EC
of 16 November 2006
on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings
(Text with EEA relevance)
(Codified version)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 86(3) thereof,
Whereas:
(1) |
Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Directive should be codified. |
(2) |
Public undertakings play a substantial role in the national economy of the Member States. |
(3) |
Member States sometimes grant special or exclusive rights to particular undertakings, or make payments or give some other kind of compensation to particular undertakings entrusted with the operation of services of general economic interest. These undertakings are often also in competition with other undertakings. |
(4) |
Article 295 of the Treaty provides that the Treaty is in no way to prejudice the rules in Member States governing the system of property ownership. There should be no unjustified discrimination between public and private undertakings in the application of the rules on competition. This Directive should apply to both public and private undertakings. |
(5) |
The Treaty requires the Commission to ensure that Member States do not grant undertakings, public or private, aids incompatible with the common market. |
(6) |
However, the complexity of the financial relations between national public authorities and public undertakings tends to hinder the performance of this duty. |
(7) |
A fair and effective application of the aid rules in the Treaty to both public and private undertakings will be possible only if these financial relations are made transparent. |
(8) |
Such transparency applied to public undertakings should enable a clear distinction to be made between the role of the State as public authority and its role as proprietor. |
(9) |
Article 86(1) of the Treaty imposes obligations on Member States in the case of public undertakings and undertakings to which Member States grant special or exclusive rights. Article 86(2) of the Treaty applies to undertakings entrusted with the operation of services of general economic interest. Article 86(3) of the Treaty requires the Commission to ensure the application of the provisions of that Article and provides it with the requisite means to this end. In order to ensure the application of the provisions of Article 86 of the Treaty the Commission must have the necessary information. This entails defining the conditions for ensuring such transparency. |
(10) |
It should be made clear what is to be understood by the terms ‘public authorities’ and ‘public undertakings’. |
(11) |
The Member States have differing administrative territorial structures. This Directive should cover public authorities at all levels in each Member State. |
(12) |
Public authorities may exercise a dominant influence on the behaviour of public undertakings not only where they are the proprietor or have a majority participation but also by virtue of powers they hold in management or supervisory bodies as a result either of the rules governing the undertaking or of the manner in which the shareholdings are distributed. |
(13) |
The provision of public funds to public undertakings... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the summary of legislation, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and finally the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.