WRITTEN QUESTION No. 1826/98 by Karl-Heinz FLORENZ to the Commission. Local authority ban on PVC in Germany
Date: 1998-06-12
Institutions: European Parliament, FLORENZ
Subjects: Germany, State aid, award of contract, building, free movement of goods, international sanctions, job cuts, plastics, public contract

22.2.1999

EN

Official Journal of the European Communities

C 50/99

in the British rebate. In 1997, this increase amounted to ECU 65 million. Consequently, the total change in the
British rebate resulting from the total BSE expenditure in 1997 amounted to a reduction of approximately
ECU 255 million.

(1999/C 50/143)

WRITTEN QUESTION P-1824/98

by Gary Titley (PSE) to the Commission

(5 June 1998)

Subject: Article 102

Does the Commission consider that the powers conferred on it by Article 102 of the EU Treaty are of importance?
if so, under what circumstances would it consider exercising them? If not, does it then accept that Article 102 has
fallen into desuetude and has no effect?

If the Commission considers that Article 102 still has effect, would it consider exercising those powers if a
Member of the European Parliament were to draw its attention to examples of national measures which have led
to distortions of cross-border trade?

Answer given by Mr Monti on behalf of the Commission

(29 July 1998)

The Commission does consider that Article 102 still has effect and would consider exercising its powers under it
in the appropriate cases and would invite the Honourable Member to forward all information detailing examples
of national measures which could lead to distortions of competition.

The Honourable Member will be aware that if a proposed provision on which the Commission gives a
recommendation under Article 102 is not adhered to by the Member State (and the distortion of competition
is caused not only to itself), then the Commission can propose to the Council to issue the necessary directive
under Article 101 of the EC Treaty. Furthermore, under Article 101, the Council would act by qualified majority
(unlike Article 100).

(1999/C 50/144)

WRITTEN QUESTION E-1826/98

by Karl-Heinz Florenz (PPE) to the Commission

(12 June 1998)

Subject: Local authority ban on PVC in Germany

A number of local authorities in Germany have for some time now been boycotting products containing polyvinyl
chloride. Because of its versatility, PVC is used in particular in component parts in the construction industry. Its
use in the building industry accounts for over 50 % of the PVC market in the Community.

Germany(cid:146)s local authorities are now issuing internal instructions that no more products containing PVC are to be
purchased. In awarding public contracts, i.e. particularly when issuing calls for tenders for construction contracts,
contracts are only to be awarded where PVC-free products are used. In practice, this can amount to a (cid:145)local
authority ban(cid:146) on products containing PVC.

Is the Commission aware of these proceedings and what is its position on them given the economic importance of
the construction industry and of the jobs associated with the production of PVC which are jeopardized by (cid:145)local
authority bans(cid:146) of this nature?