WRITTEN QUESTION E-1881/00 by Gorka Knörr Borràs (Verts/ALE) to the Commission. Price of fuel in Spain.
Date: 2000-06-09
Institutions: European Parliament, Provisional data
Subjects: Spain, intra-EU trade, motor fuel, price agreement

C 72 E/140

Official Journal of the European Communities

EN

6.3.2001

The products supplied were delivered to over 50 of the 89 regions of the Russian Federation and both the
Community and American food delivery programmes (total quantity of about 5 million tonnes) had a
significant impact in bridging the food needs deficit. As a consequence, prices for most food products rose
gradually, rather than sharply as had been feared.

Before this crisis, around 85 % of Community food exports to the Federation (mainly beef and pork) went
to Moscow and St Petersburg and the regions surrounding the two cities. These areas were specifically
excluded from the Community food programme to avoid disruption to traditional export markets.

The proceeds from the sale of the food are being used for pension fund (80 %) and other priority social
purposes (20 %). As a result the pension fund was able to clear arrears in full thus providing valuable
income to those most in need. The total proceeds to be generated from sales will be about 7 400 million
roubles (€ 274 million) and it is generally acknowledged that this income has been properly targeted to
ensure that the less fortunate have benefited.

The quantity of pork allocated to Yaroslavl under the Community programme was 5 000 tonnes, but the
actual quantity delivered was only 2 413 tonnes. In fact, three of the four regional processing plants went
bankrupt before delivery of Community pork, which demonstrates that the local industry was already in
serious difficulty. Responsibility for discharge,
internal transport, distribution and storage was the sole
responsibility of the Russian authorities. However, the loss of three regional processing plants is likely to
have been the main cause of any disruption in the market, rather than the presence of Community product
in the cold stores. In relation to storage, the Commission considers that the percentage of total capacity
utilised (private and state controlled) for the Community programme was negligible.

Under the terms of Council Regulation (EC) No 2802/98 of 17 December 1998 on a programme to
supply agricultural products to the Russian Federation (1), the programme is being independently evaluated.
The interim report of the evaluators has already been presented to the Council and a copy is sent direct to
the Honourable Member and to Parliament(cid:146)s Secretariat. The final report will be completed in the near
future.

(1) OJ L 349, 24.12.1998.

(2001/C 72 E/176)

WRITTEN QUESTION E-1881/00

by Gorka Kn(cid:246)rr Borr(cid:224)s (Verts/ALE) to the Commission

(9 June 2000)

Subject: Price of fuel in Spain

There have been six consecutive rises in fuel prices in Spain in the space of a month. The latest rise is all
the more surprising when we see that all the major oil companies operating in the sector are maintaining
prices which, as the Commissioner Mrs Loyola de Palacio has pointed out, (cid:145)amazingly(cid:146) coincide.

Leaving this (cid:145)coincidence(cid:146) aside, what steps has the Commission taken or does it intend to take in this
context? Does it believe that competition in this sector is being distorted?

Answer given by Mr Monti on behalf of the Commission

(2 August 2000)

The fact that the major oil companies operating in the Spanish market are charging similar retail prices
does not, in itself, necessarily mean that distributors have formed cartels or that competition is being
distorted. It is true, as the Honourable Member points out, that parallel pricing could be the result of
concerted practices or agreements between operators with the object or effect of distorting competition.

6.3.2001

EN

Official Journal of the European Communities

C 72 E/141

That said, the Commission does not at present have any evidence to suggest any agreement or coordinated
policy among the distribution companies. Furthermore,
it has learned that the Spanish authorities are
currently carrying out an inquiry into the matter. The Commission assures the Honourable Member that it
will continue to monitor compliance with Community competition law in the sector, and that it does not
rule out taking action if there prove to be issues with a Community dimension.

(2001/C 72 E/177)

WRITTEN QUESTION E-1884/00

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

(9 June 2000)

Subject: Harmonisation of systems for the notification of public acts

A Belgian citizen, Mr Claes, owns land in Playa de San Juan in Alicante (Spain). His land was included in
the project to reallocate plots of land under the first stage of the La Condomina Plan. As a result, the area
of the plots allocated to Mr Claes (2 400 square metres) is less than one fifth the size of his original piece
of land (14 000 square metres). During the procedure for reallocating land the system of notification has
restricted the ability of non-Spanish citizens to represent their own interests at local government offices
and register their opposition to or appeal against town planning projects. Under this system, notification is
not sent to the home of each party involved, e.g. to Mr Claes(cid:146)s address in Belgium, it being considered
sufficient to post up a public notice, to which those resident abroad naturally do not have access. In
particular, Mr Claes was deprived of his full right to hold on to his land and make a cash payment to the
town planning authorities, as the law entitles him to do. He was never informed about this right and the
deadline for exercising it.

In view of all this, can the Commission say:

1. whether it does not consider that this kind of situation leads to discrimination against Community

citizens;

2. whether it intends to introduce measures to harmonise the notification of public acts in order to
prevent any discrimination against Community citizens in procedures affecting their right of owner-
ship;

3. what forms of redress are open to Mr Claes to remedy this situation?

Answer given by Mr Vitorino on behalf of the Commission

(8 September 2000)

The information provided only by the Honourable Member does not enable the Commission to determine
whether the rules relating to publication and posting to which she refers constitute discrimination on the
basis of nationality. At first sight, the answer would appear to be no in so far neither the nationality of the
owners of the land in question nor their place of residence constitutes a criterion for the application of any
given provision. The procedure seems to apply to all owners and accordingly apply in the same way to an
owner of Spanish nationality residing in another Member State.

The Commission does not envisage proposing Community rules on the notification of public acts in
Member States. However, it would point out that the Member States can neither introduce nor maintain
national provisions which could constitute discrimination under the EC Treaty. It would also point out to
the Honourable Member that on 29 May 2000, the Council adopted a Regulation on the service in the
Member States of judicial and extrajudicial documents in civil or commercial matters (1). However, this
Regulation applies only to the transmission of documents from one Member State to another.

The means of redress open to the citizen referred to by the Honourable Member are those provided for by
the national legislation in force.

(1) OJ L 160, 30.6.2000.