WRITTEN QUESTION E-0156/01 by Jean-Maurice Dehousse (PSE) to the Commission. Consequences of the merger trend in the airline company sector.
Date: 2001-01-31
Institutions: European Parliament, Provisional data
Subjects: air transport, competition law, economic concentration, merger control, transport company

18.9.2001

EN

Official Journal of the European Communities

C 261 E/49

It should be recalled that it is a principle of Community labelling legislation, as laid down in Article 2(1) of
Directive 2000/13 EC of the Parliament and of the Council of 20 March 2000 on the approximation of
the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (1) that
labels shall not (cid:145)mislead the purchaser to a material degree(cid:146) by (cid:145)suggesting that the foodstuff possesses
special characteristics when in fact all similar foodstuffs possess such characteristics.(cid:146)

Furthermore, since the second subparagraph of Article 16(2) of Regulation (EC) No 1760/2000 of the
Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration
of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation
(EC) No 820/97 (2) specifically states that voluntary labels containing misleading or insufficiently clear
information shall be refused by the Member State, the Commission believes that the German authorities
have a clear legal base on which to reject any voluntary indications, relating to the BSE status of the
animals from which the beef was derived.

(1) OJ L 109, 6.5.2000.
(2) OJ L 204, 11.8.2000.

(2001/C 261 E/052)

WRITTEN QUESTION E-0156/01

by Jean-Maurice Dehousse (PSE) to the Commission

(31 January 2001)

Subject: Consequences of the merger trend in the airline company sector

The air transport sector has been characterised recently by a new trend towards mergers: Trans World
Airlines has been acquired by American Airlines and U.S. Airways has been divided up between American
Airlines and United Airlines. Furthermore, the press has announced that the Commission had provisionally
approved these mergers on 12 January.

1. Will this merger trend affect the transatlantic market and will it influence the European market?

2. What would the consequences be in that case?

3.

Is a similar trend likely to develop with regard to the European companies?

4. What will
transactions (i.e. the six European companies affiliated to United Airlines through (cid:145)Star Alliance(cid:146))?

the consequences be for airline companies affiliated to the ones involved in the

Answer given by Mr Monti on behalf of the Commission

(29 March 2001)

1., 2. and 4.
As the Honourable Member points out, there have recently been two mergers in the air
transport sector in the United States: US Airways has been acquired by United Airlines and Trans World
Airlines (TWA) has been acquired by American Airlines.

Although such transactions must comply with the turnover thresholds specified in Council Regulation
(EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (1), they
are subject to prior notification to the Commission under the Community competition rules.

United Airlines(cid:146) acquisition of US Airways was duly notified to the Commission, which authorised it
(subject to certain conditions) on 12 January 2001. More details of that transaction are available in the
decision adopted by the Commission (Case COMP/M.2041) and published on the Internet (2).

C 261 E/50

Official Journal of the European Communities

EN

18.9.2001

For the effects of the merger on certain transatlantic markets or on the (cid:145)Star Alliance(cid:146), see paragraphs 35-
73 of the decision.

By contrast, TWA(cid:146)s acquisition by American Airlines was not notified to the Commission since the
turnover thresholds specified in the Regulation were apparently not exceeded.

To date, the Commission has not been informed of any developments of this kind among European

3.
airlines.

(1) OJ L 395, 30.12.1989; the Regulation was amended by Council Regulation (EC) No 1310/97 of 30 June 1997 (OJ

L 180, 9.7.1997).

(2) http://europa.eu.int/comm/competition/mergers/cases/decisions/m2041_en.pdf.

(2001/C 261 E/053)

WRITTEN QUESTION E-0157/01

by Jorge HernÆndez Mollar (PPE-DE) to the Council

(1 February 2001)

Subject: European social statute for housewives

In reply to Written Question E-2175/00 (1) the Commission drew attention to the fact that back in 1987 it
submitted a proposal for a directive under which the gender equality principle would apply to statutory
and occupational social security schemes.

The directive in question made provision for the individualisation of social security rights, which would
extend to housewives, as an alternative to derived rights. Unfortunately the directive was not approved by
the Council, despite the favourable opinions thereon of Parliament and the Economic and Social
Committee.

Given that it has been some time since the Council rejected the aforementioned proposal, and that a
changed climate now surrounds the new strategy to modernise and improve social protection in Europe,
does the Council believe that it ought to rethink its previous stance and accommodate the legitimate
aspiration of housewives to enjoy equal status with the remainder of the population in general social
protection schemes?

(1) OJ C 72 E, 6.3.2001, p. 184.

Reply

(30 May 2001)

As the Honourable Member rightly says, the Commission back in 1987 presented a proposal for a Council
Directive completing the implementation of the principle of equal treatment for men and women in
statutory and occupational social security schemes. The Council suspended its work on the matter in 1989.

The fact is that the proposal was based in part on Article 235 of the Treaty (new Article 308), so
unanimity was required for its adoption. Several delegations had maintained reservations of principle on
the proposal particularly in view of its financial implications.

On a general point, the Honourable Member is informed that while the coordination of social security
schemes to safeguard the rights of migrant workers is indeed a matter for the Community, the structure
and organisation of such schemes are a matter solely of individual Member State responsibility.