Proposal for a Council Regulation (EC) amending Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty (COM(98)0546 - C4-0628/98 - 98/0288 (CNS))

The proposal was approved with the following amendments:

(Amendment 6)

Recital 3a (new)

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(3a) 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 undertakings;

(Amendment 7)

Recital 4

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(4) Whereas any such reform must meet the two requirements of ensuring effective protection of competition and providing adequate legal certainty for firms; whereas, in order to achieve these objectives, the Commission has been empowered by the Council to declare, by regulation and in accordance with Article 85(3) of the Treaty, that Article 85(1) is not applicable to categories of agreements entered into by 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, 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 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-size 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.

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(4)

Whereas any such reform must meet the two requirements of ensuring effective protection of competition and providing adequate legal certainty for firms; whereas, in order to achieve these objectives, the Commission has been empowered by the Council to declare, by regulation and in accordance with Article 85(3) of the Treaty, that Article 85(1) is not applicable to categories of agreements entered into by 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, 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;

(Amendment 8)

Recital 8a (new)

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(8a) Whereas it is necessary, when reviewing the structure of this Regulation, to consider all aspects of the Regulation, including the legal relationship between a client and counsel,

(Amendment 9)

ARTICLE 1a (new)

Article 14(3a)(new) (Regulation No 17)

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Article 1a

In Article 14 the following paragraph 3a is added:

'3a. Communications between a client and outside or in-house counsel containing or seeking legal advice shall be given priority, provided that the legal counsel is properly qualified and complies with adequate rules of professional ethics and discipline which are laid down and enforced in the general interest by the professional associations to which the legal counsel belongs.'

Legislative resolution embodying Parliament's opinion on theProposal for a Council Regulation (EC) amending Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty (COM(98)0546 - C4-0628/98 - 98/0288 (CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0546 - 98/0288 (CNS) ((OJ C 365, 26.11.1998, p. 30.)),

- having been consulted by the Council pursuant to Article 87 of the EC Treaty (C4-0628/98),

- 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.