A4-0137/99

Proposal for a Council Regulation (EC) amending Regulation No 19/65/EEC on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices (COM(98)0546 - C4-0627/98 - 98/0287 (CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 3

>Original text>

(3) Whereas on 22 January 1997 the Commission published a Green Paper on vertical restraints in EC competition policy, which was intended to generate a wide-ranging public debate on the application of Article 85(1) and (3) of the Treaty to agreements or concerted practices entered into by undertakings each operating at a different stage of the economic process in respect of the supply or purchase, or both, of goods for resale or processing, or in respect of the marketing of services (vertical agreements), including exclusive distribution agreements, exclusive purchasing agreements, franchising agreements and selective distribution agreements; whereas this class of agreement does not include vertical agreements between actual or potential competitors, unless the agreement is a non-reciprocal one and none of the parties have an annual turnover exceeding ECU 100 million, or is

>Text following EP vote>

(3)

Whereas on 22 January 1997 the Commission published a Green Paper on vertical restraints in EC competition policy, which was intended to generate a wide-ranging public debate on the application of Article 85(1) and (3) of the Treaty to agreements or concerted practices entered into by undertakings each operating at a different stage of the economic process in respect of the supply or purchase, or both, of goods for resale or processing, or in respect of the marketing of services (vertical agreements), including exclusive distribution agreements, exclusive purchasing agreements, franchising agreements and selective distribution agreements; whereas this class of agreement does not include vertical agreements between actual or potential competitors, unless the agreement is a non-reciprocal one and none of the parties have an annual turnover exceeding EUR 100 million;

>Original text>

between an association of retailers and its members, or between such an association and its suppliers, and the members of the association are small or medium-sized enterprises as defined in the Annex to Commission Recommendation 96/280/EC(1);

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(1) OJ L 107, 30.4.1996, p. 4.

>Text following EP vote>

(Amendment 2)

Recital 4a (new)

>Original text>

>Text following EP vote>

(4a) Whereas, however, not all economic sectors are convinced of the need for such reform; whereas a considerable number of economic operators working with beer distribution and filling station contracts are likely to suffer from the negative consequences of these reforms, particularly small and medium-sized enterprises;

(Amendment 3)

Recital 9a (new)

>Original text>

>Text following EP vote>

(9a) Whereas, for specific sectors in which the current approach is satisfactory to economic operators, there is no obstacle either to an exception being made to this general rule, or to a sector-specific approach being worked out within the general system of rules;

(Amendment 4)

ARTICLE 1(1)

Article 1(1)(a) (Regulation No 19/65/EEC)

>Original text>

(a) categories of agreements between two or more undertakings, each operating at a different stage of the economic process, in respect of the supply or purchase, or both, of goods for resale or processing, or in respect of the marketing of services, except where:

- the agreement is between actual or potential competitors, unless it is a non-reciprocal agreement none of the parties to which have an annual turnover exceeding ECU100 million, or

- the agreement is between an association of retailers and its members, or between such an association and its suppliers, unless the members of the association are small or medium-sized enterprises as defined in Commission recommendation 96/280/EC(1);

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(1) OJ L 107, 30.4.1996, p. 4.

>Text following EP vote>

(a)

categories of agreements between two or more undertakings, each operating at a different stage of the economic process, in respect of the supply or purchase, or both, of goods for resale or processing, or in respect of the marketing of services, except where the agreement is between actual or potential competitors, unless it is a non-reciprocal agreement none of the parties to which have an annual turnover exceeding EUR 100 million;

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Regulation No 19/65/EEC on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices (COM(98)0546 - C4-0627/98 - 98/0287 (CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0546 - 98/0287 (CNS) ((OJ C 365, 26.11.1998, p. 27.)),

- having been consulted by the Council pursuant to Article 87 of the EC Treaty (C4-0627/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0137/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.