# CE2004084EN.01057201.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/572 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/572

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(2004/C 84 E/0649)

WRITTEN QUESTION P-0323/04

by Werner Langen (PPE-DE) to the Commission

(3 February 2004)

Subject:   Stage reached in examining the territorial monopoly of German chimney-sweeps

Subject:

According to a review carried out by the Directorate-General for Competition the territorial monopoly enjoyed by German chimney-sweeps does not contravene European competition law. Nevertheless, the Directorate-General for the Internal Market has launched investigations in the context of proceedings for infringement of the Treaties. According to information received by the questioner the relevant hearings are now being scheduled.

Can the Commission say:

| 1. | whether the monopoly enjoyed by chimney-sweeps in the Federal Republic of Germany is a breach of the freedom of establishment and freedom to provide services laid down in European law; |
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1.

whether the monopoly enjoyed by chimney-sweeps in the Federal Republic of Germany is a breach of the freedom of establishment and freedom to provide services laid down in European law;

| 2. | what stage has now been reached in the review procedure and/or Treaty infringement proceedings; |
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2.

what stage has now been reached in the review procedure and/or Treaty infringement proceedings;

| 3. | when a definitive decision can be expected and in what direction the deliberations of the Directorate-General for the Internal Market in this area are pointing? |
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3.

when a definitive decision can be expected and in what direction the deliberations of the Directorate-General for the Internal Market in this area are pointing?

Answer given by Mr Bolkestein on behalf of the Commission

(2 March 2004)

(2 March 2004)

| 1. | The Commission considers that, in particular, the district monopoly granted to master chimney-sweeps, together with various related provisions, infringes the right of establishment pursuant to Article 43 EC and the right to provide services pursuant to Article 49 EC, insofar as this arrangement makes it impossible for German citizens to avail themselves of the services of chimneys-sweeps established in other Member States and prevents chimney-sweeps or heating specialists in other Member States from offering their services in Germany. |
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1.

The Commission considers that, in particular, the district monopoly granted to master chimney-sweeps, together with various related provisions, infringes the right of establishment pursuant to Article 43 EC and the right to provide services pursuant to Article 49 EC, insofar as this arrangement makes it impossible for German citizens to avail themselves of the services of chimneys-sweeps established in other Member States and prevents chimney-sweeps or heating specialists in other Member States from offering their services in Germany.

| 2. | Infringement proceedings were initiated by the transmission of a letter of formal notice to Germany in 2003. The German authorities immediately informed the Commission of their readiness to regularise the situation from the standpoint of EU law. According to the latest available information, the Federal Government and the Länder are discussing the revision of the legislation in question with a view to presenting specific proposals in early summer 2004. |
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2.

Infringement proceedings were initiated by the transmission of a letter of formal notice to Germany in 2003. The German authorities immediately informed the Commission of their readiness to regularise the situation from the standpoint of EU law. According to the latest available information, the Federal Government and the Länder are discussing the revision of the legislation in question with a view to presenting specific proposals in early summer 2004.

| 3. | The Commission intends to keep up its contacts with the German authorities and press for a reformulation of the legislation in line with EU law. If this approach fails to produce satisfactory results, the Commission will consider further action under the infringement procedure. This could involve the adoption of a reasoned opinion followed, if appropriate, by a referral to the Court of Justice. |
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3.

The Commission intends to keep up its contacts with the German authorities and press for a reformulation of the legislation in line with EU law. If this approach fails to produce satisfactory results, the Commission will consider further action under the infringement procedure. This could involve the adoption of a reasoned opinion followed, if appropriate, by a referral to the Court of Justice.

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