WRITTEN QUESTION No. 1911/97 by Amedeo AMADEO to the Commission. XXVth report on competition policy
Date: 1997-06-04
Institutions: AMADEO, European Parliament
Subjects: EU publication, European Commission, application of EU law, competition, competition law, economic concentration, joint venture

C 60/66

EN

Official Journal of the European Communities

25. 2. 98

The Commission is aware of the difficulties sometimes encountered by insurance intermediaries when operating
on a cross-border basis. It has therefore decided to address the issues. In the Commission communication (3)
(cid:145)Financial  services:  enhancing  consumer  confidence(cid:146),  the  Commission  specifically  undertakes  to  review  the
1976 Directive and the extent of implementation of the principles set out in the 1991 Recommendation, before
the middle of 1998. The Commission will consider whether further steps are needed, including the possibility of
widening the scope of the Directive in respect of the access and exercise of the profession.

(1)  OJ L 26, 31.1.1977.
(2)  OJ L 19, 28.1.1992.
(3)  Communication from Mr Monti and Mrs Bonino to the Commission (cid:145)Financial services: Enhancing consumer confidence(cid:146). The be adopted

on 25 June 1997, COM(97).

(98/C 60/99)

WRITTEN QUESTION E-1911/97

by Amedeo Amadeo (NI) to the Commission

(4 June 1997)

Subject: XXVth report on competition policy

With  reference  to  the  (cid:145)XXVth  report  on  competition  policy  (1995)(cid:146)  (COM(96)  0126  final)  and  the  (cid:145)draft
Commission notice on cooperation between national competition authorities and the Commission in handling
cases falling within the scope of Articles 85 or 86 of the EC Treaty(cid:146) (1),

the Revision of Regulation 4064/89 (2) has now reached the more concrete stage of a draft. Whilst a reduction in
threshold is preferable, consideration could also be given to favouring possible alternatives based on (cid:145)multiple(cid:146)
notifications.

In addition to the problem of (cid:145)thresholds(cid:146), the revision of Regulation 4064/89 raises the question of Community
undertakings of a (cid:145)wholly cooperative(cid:146) nature. Will the Commission ensure maximum clarity on this matter to
prevent damaging uncertainty and equally harmful discrimination and will it note that a suitable solution is also
needed for the other Community undertakings of a (cid:145)structural(cid:146) nature?

(1)  OJ C 262, 10.9.1996, p. 5.
(2)  OJ L 395, 30.12.1989, p. 1.

Answer given by Mr Van Miert on behalf of the Commission

(23 June 1997)

The  Commission  takes  the  view  that  the  proposal  for  a  Council  Regulation  amending  Council  Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (Merger Reg-
ulation) (1) represents a substantial improvement in the way in which joint ventures are dealt with. Under this
proposal, all full-function joint ventures (that is, all those which perform on a lasting basis all the functions of an
autonomous economic entity) which meet the thresholds establishing the Community dimension of a merger will
henceforth be analysed within the framework and subject to the procedures and deadlines of the Merger Reg-
ulation. This analysis will include, where necessary, an assessment of coordination between the founding firms,
applying the criteria laid down in Article 85(1) and (3) of the EC Treaty. This approach received explicit support
from Parliament on 13 November 1996 (2) and was endorsed by the Council on 24 April 1997.

Moreover, in order to reinforce firms’ legal certainty, there are plans to clarify, by means of a statement by the
Commission,  the  matter  of  full-function  joint  ventures  which  do  not  meet  the  threshold  establishing  a
Community  dimension  and  to  deal  with  the  distinction  between  full-function  joint  ventures  and  other  joint
ventures by casting the Commission notice regarding the distinction between concentrative and cooperative joint
ventures under Council Regulation (EEC) No 4064/89 on the control of concentrations between undertakings (3).

(1)  OJ C 350, 21.11.1996, COM(96) 313 final.
(2)  Cf. the Legislative Resolution embodying the opinion of the European Parliament on the proposal for a Council Regulation(EC) amending
Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ 362, 2.12.1996)
and the Resolution on Community merger control: the Commission’s Green Paper on the review of the Merger Regulation (OJ C 362,
2.12.1996).

(3)  OJ C 385, 31.12.1994.