Council Resolution of 8 February 1999 on fixed book prices in homogeneous cross-border linguistic areas
Date: 1999-02-08
Institutions: Council of the European Union
Subjects: book trade, competition law, cultural policy, fixing of prices, frontier region, linguistic group

17.2.1999

EN

Official  Journal  of  the  European  Communities

C  42/3

COUNCIL  RESOLUTION

of  8  February  1999

on  fixed  book  prices  in  homogeneous  cross(cid:220)border  linguistic  areas

(1999/C  42/02)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,

the  dual  character  of  books  as  the
RECOGNISING 
bearers  of  cultural  values  and  as  merchandise;  strongly
emphasising  the  importance  of  a  balanced  assessment  of
the  cultural  and  economic  aspects  of  books;

CONSIDERING  the  great  importance  placed  by  certain
Member  States  on  existing  fixed  book  pricing  systems,
namely  in  homogeneous  cross(cid:220)border  linguistic  areas;

CONSIDERING  the  Commission  statement  that  in  the
context  of  competition  rules  it  wants  to  scrutinise  only
agreements  between  economic  operators  which  could
hamper  trade  within  the  Community;

CONSIDERING  that  the  Commission  indicated  at  the
Council  meeting  on  17  November  1998  that 
it  will
consider 
contractual
linguistic  areas  serve
arrangements 
cultural  ends  and  contain  provisions  of  a  cultural  nature
such  as  might  justify  restrictions  on  competition;

in  homogeneous 

sympathetically 

whether 

that 

the  Commission 

currently
CONSIDERING 
examining  whether  cross(cid:220)border  agreements  comprising
fixed  book  prices  are  compatible  with  the  rules  of
Community  law  and  can  be  exempted  under  Article
85(3)  of  the  Treaty;

is 

RECALLING  the  European  Parliament’s  latest  Resolution
of  20  November  1998 
the
Commission  to  adapt  its  Community  policy  on  inter(cid:220)
national  book  price(cid:220)fixing  to  cultural  requirements  and

it  calls  on 

in  which 

to  make  it  possible  for  current  book  price(cid:220)fixing  systems
to  continue  to  exist;

CONSIDERING  that  all  Member  States  wish  to  promote
a  wide  range  of  publications,  particularly  literary  and
scientific  works,  as  well  as  works  with  a  limited  and
specific  readership,  and  also  wish  to  promote  cultural
development  and  diversity  in  Europe,  as  well  as  provide
cultural  benefits  to  the  consumer;

in  the  view  of  certain  Member
RECOGNISING  that 
States,  cross(cid:220)border  book(cid:220)pricing 
shared
linguistic  areas,  whether  on  a  legal  or  contractual  basis,
provide  an  effective  means  of  achieving  these  objectives;

systems 

in 

that  fixed  book  price  systems  must
RECOGNISING 
comply  fully  with  Community  law  and  having  regard  to
the  Council  Decision  of  22  September  1997  on  cross(cid:220)
border  fixed  prices  in  European  linguistic  areas(cid:216)(˛)  and  to
the  Commission’s  prerogatives,

CALLS  ON  THE  COMMISSION:

-(cid:217)whilst  applying  European  competition 

to
agreements  in  cross(cid:220)border  linguistic  areas,  to  take
account  of  the  provisions  and  implications  of  Article
128(4)  of  the  Treaty,  of  the  special  cultural  role  of
the  book  market  and  of  the  specific  value  of  the  book
as  a  cultural  object,  as  well  as  of  relevant  national
cultural  policies;

rules 

-(cid:217)accordingly  to  seek  the  solutions  best  suited  to

achieving  these  aims  now  and  in  the  future.

(˛)(cid:217)OJ  C  305,  7.10.1997,  p.  2.