WRITTEN QUESTION No. 2284/98 by Sebastiano MUSUMECI to the Council. Emergency created by illegal immigration in southern Italy and the Italian Government's failure to take action
Date: 1998-07-28
Institutions: European Parliament, MUSUMECI
Subjects: Africa, Italy, Schengen Agreement, Sicily, illegal migration, immigration, ratification of an agreement

C 96/68

Official Journal of the European Communities

EN

8.4.1999

3.
The so-called (cid:145)unfair(cid:146) commercial behaviour attributed to Swedish Match by the Honourable Member
might be the subject of an investigation under the competition rules of the EC Treaty only if a firm in a dominant
position was suspected of predatory pricing practices, according to case law of the Court of justice (judgement of
3 July 1991, AKZO Chemie v. Commission) that is to say, prices below average variable costs (that is to say,
those which vary depending on the quantities produced) by means of which a dominant undertaking seeks to
eliminate a competitor, or even prices higher than average variable costs but lower than average total costs if they
were established within the framework of a plan having the aim of eliminating a competitor.

In the present case the Commission does not have sufficient information at its disposal to envisage opening a
procedure.

(1) OJ L 284, 16.10.1997.

(1999/C 96/096)

WRITTEN QUESTION E-2279/98

by Anita Pollack (PSE) to the Commission

(22 July 1998)

Subject: Tropical forest Regulation

Since this Regulation comes to an end in 1999, when does the Commission plan to bring forward a proposal for a
new Regulation?

Answer given by Mr Mar(cid:237)n on behalf of the Commission

(14 September 1998)

The Commission will decide on a proposal for a new tropical forest regulation once it has presented to the
Parliament and the Council its communication on forestry development cooperation which is presently under
preparation.

(1999/C 96/097)

WRITTEN QUESTION E-2284/98

by Sebastiano Musumeci (NI) to the Council

(28 July 1998)

Subject: Emergency created by illegal immigration in southern Italy and the Italian Government(cid:146)s failure to take

action

Sadly, over the last few weeks, the problem of illegal immigrants being disembarked along the coast of southern
Italy has reached alarming proportions; in Sicily alone, in just one week, the authorities intercepted hundreds of
African nationals who had been enlisted by organizations involved in transporting illegal migrants across the
Mediterranean. Meanwhile, due to the reprehensible failure of the official Italian authorities to take any practical
advance measures to counter illegal immigration, the influx of immigrants can no longer be contained and the
majority of them, having eluded any form of control by the police or health authorities, succeed in travelling on to
other Member States, where they are destined for a life of poverty and exploitation by criminal organizations
among others. Thus the Italian Government, by its permissive policy, has failed to comply with the specific
undertakings it made in ratifying the Schengen Agreement, thereby prejudicing public order and security in Italy
and the rest of the Union.

In view of the foregoing, does the Council intend to take immediate action to urge the Italian Government to
honour the undertakings made by it, and, if Italy continues to fail to fulfil its obligations, to bring an action before
the European Court of Justice?

Reply

(19 October 1998)

The question put by the Honourable Member is linked to application of the Schengen Agreement and is therefore
not within the Council(cid:146)s remit.