WRITTEN QUESTION E-3152/00 by Jonas Sjöstedt (GUE/NGL) to the Commission. Barriers to exports to Germany owing to type-approval problems.
Date: 2000-10-06
Institutions: European Parliament, Provisional data
Subjects: EC conformity marking, Germany, Sweden, approval, import restriction, marketing restriction, vehicle parts

8.5.2001

EN

Official Journal of the European Communities

C 136 E/195

infringed Article 82 (ex Article 86) of the EC Treaty. In preparing its defence, Deutsche Post has the right
to consult the relevant documents which are in the Commission(cid:146)s file. It has two months in which to make
submissions on the objections raised by the Commission. Deutsche Post may produce evidence of its own,
and may ask for a hearing at which it can present its defence also orally.

The Commission will then decide whether it should prohibit the conduct at issue. The Commission also
has power to impose fines for infringement of the Community competition rules. The level of the fine
depends on the gravity and the duration of the infringement.

In July 1999 the Commission initiated proceedings for unlawful state aid. Those proceedings are concerned
with cross-subsidisation of a number of domestic and foreign company acquisitions by Deutsche Post
using revenue from the general letter mail monopoly, and the use of revenue from the letters service to
offset losses on the parcel service (3).

In May 2000, following a number of complaints, the Commission initiated separate proceedings for abuse
of Deutsche Post(cid:146)s dominant position, on the ground that Deutsche Post had disturbed international mail
traffic (4). The Commission accused Deutsche Post of infringing the competition rules of the Community by
frequently and systematically intercepting incoming cross-border mail, imposing surcharges and delaying
delivery. The proceedings in that case have no direct implications for the other cases referred to above.

(1) Commission(cid:146)s press release IP/00/919.
(2) Commission(cid:146)s press release IP 00/1108.
(3)
(4)

see IP/99/530.
see IP/00/562.

(2001/C 136 E/227)

WRITTEN QUESTION E-3152/00

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

(6 October 2000)

Subject: Barriers to exports to Germany owing to type-approval problems

ReCoDrive AB, a Swedish firm which manufactures control systems for lorries, says that its products have
been banned in Germany despite having been approved in another Member State.

It says it is now being forced to apply for type approval in each German Land, which, moreover, have
differing opinions, for a product that was approved in Sweden over ten years ago.

What view does the Commission take of this case of type approval problems?

Answer given by Mr Bolkestein on behalf of the Commission

(13 November 2000)

Having received a complaint from the Swedish National Board of Trade on behalf of the company
ReCoDrive AB, the Commission is aware of the problems encountered by the Swedish company in
marketing its (cid:145)out-of-cab(cid:146) driving system intended for use in lorries in Germany.

In order to take the appropriate measures, the Commission needs detailed information on the product, on
the CE-marking, on the certificates of Swedish authorities or of authorities of other Member States, on the
steps already taken by the company to market the product and on the measures taken by the German
authorities to ban the product. Contact has been established between the Commission and the company.
As soon as the required information, which is essential for the assessment of the complaint, has been
received, the Commission will take appropriate measures (contacting the German authorities or opening
proceedings under Article 226 (ex Aticle 169) of the EC Treaty).