WRITTEN QUESTION E-3996/00

by Helmuth Markov (GUE/NGL) to the Commission

(21 December 2000)

Subject: Different membership fees charged by regional IHKs in Germany

1. Is the Commission aware that the more than 80 Chambers of Industry and Commerce (IHK) in Germany, falling under the umbrella Association of German Chambers of Industry and Commerce (DIHT), require different levels of contribution from their participating undertakings?

2. Is the Commission also aware that these differences amount to as much as 300 %?

3. Does the Commission share the view that competition or cartel regulations are affected?

4. Does the Commission consider that action needs to be taken regarding the huge differences in contributions?

5. In a letter dated 11 April 2000, the Verband innovativer Kfz-Unternehmer und Handelsvertreter e.V. (Association of Innovative Motor Vehicle Manufacturers and Trade Representatives) (VIKH) called for the forwarding of an individual exemption, or a negative clearance, for the application of different IHK member contributions. On what grounds is the Commission refusing to deliver the documentation or delaying in doing so, or alternatively, why has it still not taken the matter into consideration?

Answer given by Mr Monti on behalf of the Commission

(28 March 2001)

The Commission has already considered questions concerning obligatory membership of and differences in membership fees for various Chambers of Industry and Commerce (Industrie- und Handelsskammern IHK) several times. The competition rules of the EC Treaty concern primarily the behaviour of undertakings or groups of undertakings. This is evidenced by the fact that the relevant Treaty provisions come into play in situations where there are restrictions of competition caused by agreements or concerted practices between undertakings, decisions by associations of undertakings, or the abuse of a dominant position by an undertaking. Furthermore, EC competition rules are only applicable when there is an appreciable effect on inter-state trade.

In Germany, the requirement of compulsory membership of a Chamber of Industry and Commerce and the principles governing the collection of membership fees for same are governed by legislation. The level of membership fees is determined within this legislative framework. Insofar as differences in the levels of fees for various Chambers of Industry and Commerce exist, these are based neither on agreements or concerted practices between undertakings, nor on a decision of an association of undertakings made up of Chambers of Industry and Commerce. Abuse of a dominant position is automatically ruled out by virtue of the fact that Chambers of Industry and Commerce are not considered to be undertakings for the purposes of EC competition rules.

The Commission has already replied to VIHK's (Verband der innovativen Kfz-Unternehmer und Handelsvertreter e.V Association of innovative motor vehicle entrepreneurs and sales representatives) letter on 2 May 2000. To address the content of that letter, the Commission is not dealing with any application for negative clearance or exemption. Only the Chambers of Industry and Commerce would have the right to file such an application, but they have not done so. Besides, due to the legal situation described above, an application would be neither necessary nor appropriate. Consequently, the Commission has no documents, the handing over of which it could refuse or delay.