Vol. 440 No. 8
33 Mr. O'Malley asked the Minister for Transport, Energy and Communications the outcome of the raid on Aer Lingus head office in February 1994 by representatives of the European Commission; if he has made any representations to the Commission in connection therewith; if the Commission has communicated with him about the matter.
In response to a parliamentary question put by Deputy Noel Ahern on 22 February, I explained that Council Regulation (EEC) No. 3975/87 lays down the procedures for the application of rules on competition for undertakings in the air transport sector and provides that the Commission, acting on receipt of a complaint or on its own initiative initiates procedures to investigate any alleged infringement of EC competition rules, issues a final decision, and decides on the level of fines, if any. I have no direct function in these matters.
In order to fulfil its obligation under the regulation, the Commission is empowered to undertake investigations into undertakings and associations of undertakings. The Commission may, at its discretion, request the competent authorities of the member states concerned to undertake the investigations. In the case referred to by the Deputy, the Commission did not request the Irish authorities to undertake an investigation but advised my Department on 3 February 1994 of its intention to carry out an inspection on the premises of Aer Lingus under Article 11 (3) of the Council regulation. Since then, while my Department has been copied with important papers relevant to the investigation as provided for under the regulation, there has been no other communication between my Department and the Commission on the matter. I understand that the Commission's investigation of this case is still in progress.
