B4-0991/98

Resolution on common book price-fixing across borders

The European Parliament,

- having regard to its resolution of 13 February 1981 on the fixing of book prices ((OJ C 50, 9.3.1981, p. 102.)),

- having regard to the Communication from the Commission to the Council of 25 May 1985 on the creation of a Community framework system for book prices (COM(85)0258),

- having regard to the Communication from the Commission to the Council of 27 November 1985 on the European dimension with regard to books (COM(85)0681),

- having regard to its resolution of 12 March 1987 on the fixing of book prices ((OJ C 99, 13.4.1987, p. 172.)),

- having regard to its resolution of 10 July 1987 on a Commission communication to the Council on the European dimension with regard to books ((OJ C 246, 14.9.1987, p. 136.)),

- having regard to the resolution of the Council and the Ministers responsible for cultural affairs meeting within the Council of 18 May 1989 concerning the promotion of books and reading ((OJ C 183, 20.7.1989, p. 2.)),

- having regard to the Communication from the Commission of 3 August 1989 entitled: Books and reading: a cultural challenge for Europe (COM(89)0258),

- having regard to its resolution of 21 January 1993 on the promotion of books and reading in Europe ((OJ C 42, 15.2.1993, p. 182.)),

- having regard to the Council Decision of 22 September 1997 on cross-border fixed book prices in European linguistic areas ((OJ C 305, 7.10.1997, p. 2.)),

- having regard to the proceedings brought before the Commission in connection with a procedure pursuant to Article 85 of the EC Treaty (IV/34.657 (joint indemnity/individual indemnity) and IV/35.245 - IV/35.251),

- having regard to the proceedings brought by the Commission on 24 April 1998 against the 'Koninklijke Vereeniging ter bevordering van de belangen des Boekhandels' pursuant to Article 85 of the EC Treaty,

A. emphasising the fact that Parliament, Council and Commission all acknowledge the dual dimension of books as cultural assets and commercial goods,

B. whereas, with the progress being made in integration and the consequent increase in the need to ensure the cultural involvement of European citizens as well in the European integration process, the demands made on Community policy are in a state of constant change,

C. whereas Article 128 of the EC Treaty is devoted to the cultural dimension of the Community, and whereas, pursuant to paragraph 4 of that Article, account must also be taken of cultural aspects when action is being taken under other treaty provisions,

D. whereas books, as cultural objects, constitute in a particular way the expression of and support for a cultural identity, since they reflect the spirit, ideas and existence of a society, a region or a linguistic area in its most essential form,

E. whereas, because of the dual nature of books as cultural assets and commercial goods, most of the Member States regard price-fixing for books as an appropriate and necessary instrument of cultural policy in order to guarantee as wide a range of titles as possible and to ensure a comprehensive supply of books,

F. whereas, although the Commission attaches high priority to the compilation of European cultural statistics, which are to involve reliable and comparable information about every aspect of the situation of the book market, it does not at present have available any objective information,

G. whereas, although in its communication referred to above (COM(89)0258), the Commission undertook for the nth time to investigate, together with the appropriate national bodies and all the relevant commercial organisations, current marketing systems in particular and to extend the alternative possibilities of special measures being taken to assist publishers and booksellers and, on this basis, possibly to submit specific proposals, it has not, to date, brought forward any such proposals,

H. noting that the abolition of the fixing of book prices in some countries has resulted in a substantial increase in the price of books and the closure of a large number of bookshops and small publishing houses,

I. taking the view that the fixing of book prices helps to support literary creation and ensure the survival of small bookshops and small publishing houses,

J. regretting the fact that, despite its announcement that it would do so, the Commission has not set up an Advisory Committee on Books,

K. fearing that, inherent in the abolition of the cross-border fixing of book prices in the German-speaking area of Europe, is a threat to the smaller partners that national rules will be undermined by a high import quota,

L. whereas, in this instance, the abolition of the cross-border fixing of prices will hamper trans-frontier cultural integration,

1. Welcomes the Commission's new approach to cultural policy, as set out in its communication on the first framework programme of the European Community for the promotion of culture (2000-2004) (COM(98)0266), whereby culture must be incorporated explicitly in all the Union's legal acts and policies;

2. Calls on the Commission, before a final decision is taken concerning the procedures outstanding, to establish reliable and comparable indicators and information on the overall situation and the situation in sections of the book markets in individual Member States and language areas of the EU;

3. Emphasises that, in the same linguistic areas, cultural and economic integration has already been achieved more efficiently and that, when decisions are being made on the grounds of competition policy, account must be taken of the cultural policies of the Member States concerned;

4. Calls on the Commission to organise a public hearing, with the participation of representatives of the cross-border book trade, on the issue of price-fixing as well as on a review of the meaning of Article 128(4) of the EC Treaty and on other aspects relating to competition, culture and consumer policy;

5. Calls on the Commission to adapt its Community policy on the book-price agreement to the cultural requirements referred to above, especially in cross-border linguistic areas, and to authorise the continuation of existing systems of fixed book prices, especially in the same linguistic areas;

6. Calls for binding rules to be laid down which will enable not only national systems of fixed book prices but also bilateral agreements on fixed book prices within single linguistic areas to be declared legal and not in breach of the rules on competition;

7. Instructs its President to forward this resolution to the Council, Commission and the governments of the Member States.