WRITTEN QUESTION P-0357/01 by Bart Staes (Verts/ALE) to the Commission. UEFA rules in contravention of European Treaties.
Date: 2001-02-06
Institutions: European Parliament, Provisional data
Subjects: application of EU law, economic concentration, inter-company cooperation, professional sport, shareholding, sporting event, sports body

21.8.2001

EN

Official Journal of the European Communities

C 235 E/185

Will the Commission therefore explain:

1. What its views are regarding the way cooperation between the airlines has turned out and the patently
obvious disadvantages the cooperation agreement between Lufthansa and SAS has had for consumers?

2. Whether, in the light of the disadvantages of such cooperation for consumers, it should not have
intervened long ago (even though the formal conditions of the authorisation have not been infringed)?

Answer given by Mr Monti on behalf of the Commission

(22 March 2001)

On 16 January 1996, the Commission took a decision granting an exemption under Article 81(3)
(ex Article 85) of the EC Treaty for the co-operation agreement between Lufthansa and SAS until
31 October 2002. The exemption was granted under a number of conditions as set out in this decision.
These conditions were meant to facilitate entry into the routes operated jointly by Lufthansa and SAS and
included, for instance, the obligation to freeze the number of frequencies on certain routes in the case of
entry and to make sufficient slots available for new entrants.

The Commission closely follows the implementation of the co-operation agreement and the parties are
required to provide annually a number of data and other information to the Commission. Such
information includes the number of frequencies, the average price charged and the capacity at which
parties operate on a number of routes. The overall picture resulting from these data is rather mixed. While,
for instance, on some routes the number of frequencies operated by the parties have increased, on others
they have been reduced.

The Commission has no indication that the parties have not complied with the imposed conditions. The
Commission is also unaware of any change in the facts which formed the basis for deciding to grant an
exemption. Thus, there are no justifications for the Commission to withdraw the exemption.

However, the Commission takes note that so far no new entry has taken place on the routes in question.
After the expiry of the six-year period in 2002, the Commission will have a new opportunity to investigate
the effects of the co-operation agreement. The alleged effects on departures and fares and the fact that so
far no new competitor has entered the market, will certainly be taken into account
in such an
investigation.

(2001/C 235 E/217)

WRITTEN QUESTION P-0357/01

by Bart Staes (Verts/ALE) to the Commission

(6 February 2001)

Subject: UEFA rules in contravention of European Treaties

The European football federation (UEFA) bans clubs with financial links from playing each other in UEFA
competitions (the cup and the champions league). Ajax and Germinal Beerschot of Antwerp are probably
the first victims of this ban. On Tuesday, 16 May 2000 the Dutch club acquired a 51 % majority stake in
the Antwerp club.

Is the UEFA ban on clubs with financial
links playing each other in contravention of the European
Treaties? If so, what action will the Commission take to put a stop to any contravention of the Treaties by
the UEFA ban?

C 235 E/186

Official Journal of the European Communities

EN

21.8.2001

Answer given by Mr Monti on behalf of the Commission

(14 March 2001)

The Honourable Member refers to the 1998 UEFA rule on (cid:145)integrity of the UEFA club competitions;
independence of clubs(cid:146). According to UEFA, the rule is designed to protect the sporting integrity of its club
competitions by not allowing clubs controlled by one and the same entity to take part in the same UEFA
competition.

The rule was notified to the Commission and was the subject of a notice issued under Article 19(3) of
Regulation 17/62 (1). The Commission(cid:146)s preliminary position as set out in the notice is that the notified
rule can be considered to be a decision of an association of undertakings or an agreement between
associations of undertakings within UEFA as defined in Article 81 (formerly Article 85) of the EC Treaty.
Taking into account what the Court of Justice recognised in the Bosman case as legitimate objectives (2) in
view of the considerable social importance of football in the Community, the Commission considers that
the restrictions imposed by the rule might escape the prohibition laid down in Article 81(1).

However,
in order to determine whether or not this provisional conclusion can be confirmed, the
Commission must know whether those restrictions are limited to what is necessary to safeguard the
integrity of UEFA competitions and the uncertainty of results. In other words, it must ascertain whether or
not less restrictive means exist for achieving the objective of safeguarding the integrity and uncertainty of
results of club competitions organised by UEFA.

The matter is still being looked into and no definitive position has been adopted.

(1) OJ C 363, 17.12.1999.
(2) Case C-415/93 [1995] ECR I-4921, point 106.

(2001/C 235 E/218)

WRITTEN QUESTION P-0361/01

by Bernd Lange (PSE) to the Commission

(8 February 2001)

Subject: Directive 1999/94/EC relating to the availability of consumer information on fuel economy and

CO2 emissions in respect of the marketing of new passenger cars

The implementing provisions of Directive 1999/94/EC (1) on the availability of consumer information on
fuel economy and CO2 emissions in respect of the marketing of new passenger cars should have been
transposed into national law by 18 January 2001.

Is it true that by that date only four Member States had complied with their legal obligations and properly
transposed the Directive into national law?

If it is, what does the Commission intend to do to ensure that the Directive is transposed and, pursuant to
the CO2 reduction strategy, to ensure that all consumers in Europe have adequate information on fuel
economy and CO2 emissions as soon as possible?

(1) OJ L 12, 18.1.2000, p. 16.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(22 March 2001)

The Commission, in its role of guardian of the EC Treaty, pursuant to Article 211 (ex Article 155) thereof,
monitors the implementation of Community law by the Member States.