WRITTEN QUESTION E-0228/00 by María Sornosa Martínez (PSE) to the Commission. Breach of the rules of competition in the selling of pet food in Spain.
Date: 2000-02-04
Institutions: European Parliament, Provisional data
Subjects: Spain, competence of the Member States, discriminatory price, infringement of EU law, pet food, restriction on competition, small retailer, supermarket, wholesale selling

3.10.2000

EN

Official Journal of the European Communities

C 280 E/201

Does the Commission intend to do anything to clarify the situation?

Finally, we need to review the implications of the expiry of the ECSC Treaty. The aid system must continue
after 2002. My view of this matter is that only a Council regulation will be able to offer the requisite legal
certainty and guarantee a formal prohibition on any kind of aid not covered by the Code.

Is the Commission planning to submit any proposals along those lines?

Answer given by Mr Monti on behalf of the Commission

(17 March 2000)

Every year the Commission produces a report on implementation of the steel aid code, covering all the
decisions adopted in the course of the year by the Commission in accordance with it.

In 1993-1994 the Commission adopted decisions on aid to steel firms on the basis of Article 95 of the
ECSC Treaty rather than the code but in accordance with the same procedure as the code and with the
same force in law. Since then, no further decision of this type has been adopted. Implementation of the
1993-1994 decisions is dealt with in a separate report to the Council, as required by the decisions in
question.

The Commission has not yet formulated its final position regarding the rules on state aid to the steel
industry after wexpiry of the ECSC Treaty. As promised by the Member with responsibility for competition
at the January 2000 part-session, the future proposal will be presented to Parliament. However, the
Commission notes Parliament(cid:146)s position as set out in its resolution on the Commission(cid:146)s 1998 report and
expressed by the Honourable Member in his intervention of 18 January 2000 and in this written question.

(2000/C 280 E/236)

WRITTEN QUESTION P-0222/00

by Brigitte Wenzel-Perillo (PPE-DE) to the Commission

Subject: Duty of the Member States to submit reports

(31 January 2000)

Will the Commission of the EU state how many legal provisions laid down by the Communities (EU and
EC), divided into policy fields, entail a duty for the Federal Republic of Germany to submit reports?

Will it also give a detailed list of the legal bases of the Community legal provisions involved, stating how
often those reports must be submitted (each year, each month and so forth)?

Answer given by Mr Prodi on behalf of the Commission

(16 March 2000)

In order to answer the Honourable Member(cid:146)s questions the Commission would have to undertake lengthy
and costly research. It cannot consider doing this at the present time because of other priorities.

(2000/C 280 E/237)

WRITTEN QUESTION E-0228/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(4 February 2000)

Subject: Breach of the rules of competition in the selling of pet food in Spain

Illegal and unfair competition is currently occurring in Spain in the marketing and sale of pet foods, with
the rights of consumers being infringed. Pet food manufacturers are operating separate distribution

C 280 E/202

Official Journal of the European Communities

EN

3.10.2000

channels for supermarkets on the one hand and small retailers on the other. As a result, small businesses
in the sector have been severely affected, since advertising and special offers for pet foods are being
provided only to supermarkets, so that small retailers are unable to pass on these benefits to their
customers.

This discrimination is exacerbated by the fact that manufacturers are offering supermarkets generally lower
purchase prices for pet foods than small shops. This can be seen from the fact that small retailers are not
properly informed of special offers, which means that the prices they charge are higher than those charged
by supermarkets. As a result, consumers are choosing to shop at supermarkets and neglecting the small
shops in their neighbourhood, causing many of them to close down.

Complaints have been made to the Spanish authorities about this unfair competition, since Spanish law
does not allow goods to be sold at below cost price in the way that is occurring in the pet food sector.

Will the Commission examine, within the sphere of its responsibilities, whether the case in question also
involves breaches of Community legislation on trade and competition?

Does it not consider that this situation in Spain undermines consumer rights, since it encourages people to
shop for these products at supermarkets?

Answer given by Mr Monti on behalf of the Commission

(15 March 2000)

At the present time, the Commission does not have any information which would justify the initiation of
proceedings against petfood manufacturers in Spain, nor has it received any complaint regarding the
practices objected to by the Honourable Member.

It should be pointed out that the differences in petfood prices between supermarkets and small retailers are
not in themselves proof that there has been a breach of the Community rules on competition. In a market
economy the prices in question may simply reflect differences in the negotiating power of the parties
concerned.

the Spanish competition authorities, and in particular the (cid:145)Servicio de Defensa de la
In any case,
Competencia(cid:146), would seem better placed to look into this matter, given that any distortions of competition
are essentially occurring in Spain.

(2000/C 280 E/238)

WRITTEN QUESTION P-0240/00

by Hans Modrow (GUE/NGL) to the Commission

(31 January 2000)

Subject: CDU funding scandal

The preamble and Article 6 of the Treaty on European Union lay down the imperative of upholding
democracy and abiding by the rule of law. The Tampere European Council charted the goal of developing
the Union as an area of freedom, security, and justice.

Current political and economic developments in Germany are placing a question mark over observance of
these principles. Manifest infringements of the principles recognised by all Member States are likely to fuel
misgivings in the new German L(cid:228)nder and central and eastern European countries about adoption of the
acquis communautaire, especially where compliance with democratic rules of conduct is concerned.

1. What does the Commission know about the sale of Leuna to the Elf Aquitaine company and what
steps will it take in view of the fact that DM 30 m may have found its way into the CDU party coffers to
be used as election campaign funds?