WRITTEN QUESTION No. 1942/97 by Friedhelm FRISCHENSCHLAGER to the Commission. Retail price maintenance for books in the German-language area - Distortion of competition by book clubs - Restrictions on competition in the European book market
Date: 1997-06-04
Institutions: European Parliament, FRISCHENSCHLAGER
Subjects: Austria, Germany, book trade, bookshop, imposed price, printing, professional association, publisher, restriction on competition, target price

C 45/126

EN

Official Journal of the European Communities

10. 2. 98

(98/C 45/161)

WRITTEN QUESTION P-1941/97

by Esko Seppa¤nen (GUE/NGL) to the Commission

(28 May 1997)

Subject: Inviolability of EU officials

An article headed (cid:145)Deutsche Delle(cid:146) in issue 19/1997 of the German weekly magazine (cid:145)Der Spiegel(cid:146) reported that
the German political elite was calling for German EU officials to do more than hitherto to defend Germany(cid:146)s
interests. The magazine based this claim, inter alia, on a memorandum by Karl-Heinz Florenz of the CDU/CSU,
as well as on the opinions of other politicians.

According to the EU Staff Regulations, officials are not permitted to take instructions from any Member State.

Does the Commission believe that what the magazine says is true, and if so, what will it do to defend EU officials
against national pressure brought to bear on them?

Answer given by Mr Liikanen on behalf of the Commission

(12 June 1997)

Article 11 of the Staff Regulation of Officials of the European Communities stipulates that an official must carry
out his duties and conduct himself solely with the interests of the Communities in mind; he must neither seek nor
take instructions from any government, authority, organisation or person outside his institution.

Under  Article  86  any  failure  by  an  official  or  former  official  to  comply  with  his  obligations  under  the  Staff
Regulations, whether intentionally or through negligence on his part, will make him liable to disciplinary action.

The Commission feels that no action need be taken to protect the independence of European officials as the Staff
Regulations clearly and unambiguously require them to act impartially.

(98/C 45/162)

WRITTEN QUESTION E-1942/97

by Friedhelm Frischenschlager (ELDR) to the Commission

(4 June 1997)

Subject: Retail price maintenance for books in the German-language area › Distortion of competition by book

clubs › Restrictions on competition in the European book market

There are many different kinds of restrictions on competition in the book markets of the various language areas
in Europe (retail price maintenance, recommended retail prices, etc.). There is an apparent contradiction between
the principle of free competition and retail price maintenance for books. In Austria at present, around a quarter of
books  which  are  supposedly  subject  to  retail  price  maintenance  are  being  sold  at  lower  prices  through  book
clubs. Unlike small booksellers, however, book clubs can legally bring out their own editions under licence and
offer them at lower prices. Neither booksellers nor publishers in Austria have the financial means to print their
own  licensed  editions.  It  appears  that  the  current  retail  price  maintenance  for  books  ensures  substantial
competitive advantages for big (German) publishers.

Are there arguments which justify this practice in the German-language book market, which distorts competition
for small booksellers? If not, what steps will the Commission take to prevent it?

Does the Commission believe that it makes sense for all books, including best-sellers, which do not appear to
need such protection, to be protected by retail price maintenance?