WRITTEN QUESTION E-0388/01 by Nicholas Clegg (ELDR) to the Commission. Homeworkers.
Date: 2001-02-15
Institutions: European Parliament, Provisional data
Subjects: EU employment policy, arrangement of working time, home working, labour law, legal working time

18.9.2001

EN

Official Journal of the European Communities

C 261 E/103

(2001/C 261 E/107)

WRITTEN QUESTION E-0383/01

by Elizabeth Lynne (ELDR) to the Commission

(15 February 2001)

Subject: Milk cooperatives

If several milk-buying cooperatives and/or dairy farmers(cid:146) cooperatives decide to merge, and if that enables
them to influence the milk price in a Member State, is there any EU legislation that would affect this
decision? Is there a limit on the percentage share of the raw milk market in a Member State that a
cooperative could hold, or is this a matter for individual Member States? Are there any circumstances in
which the EU would become involved?

Answer given by Mr Monti on behalf of the Commission

(10 April 2001)

If several dairy farmers(cid:146) co-operatives merge, the new entity has to be scrutinised under the Community
Merger Regulation (Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of
concentrations between undertakings (1)) if the transaction has a Community dimension. This means that
the Commission will have jurisdiction over the transaction if it fulfils the definition of a concentration and
meets the turnover threshold set out in the Community Merger Regulation.

The Merger Regulation assesses the possibility of a merger creating or strengthening a dominant position,
which could significantly impede effective competition, and requires a prospective analysis. As the
assessment is always done on a case-by-case basis there is, in principle, no specific limit on the percentage
share of the raw milk market that a co-operative could hold if a merger in the milk sector were assessed.
Dominance is not an absolute concept. Market power may be found to exist to a greater or lesser extent
and the conclusion will depend on the structure of the market, i.e. the strength of the competitors, barriers
to entry to the market, legal requirements and many other elements.

It should be noted that the Commission could also have jurisdiction in accordance with Article 82 (ex
Article 86) of the EC Treaty, after any merger has taken place. This would be the situation if the merger
co-operatives were found to hold a dominant position on a relevant market and to behave in such a way
as to abuse that position, with the behaviour affecting trade between Member States.

(1) OJ L 395, 30.12.1989.

(2001/C 261 E/108)

WRITTEN QUESTION E-0388/01

by Nicholas Clegg (ELDR) to the Commission

(15 February 2001)

Subject: Homeworkers

What analysis, if any, has been carried out by the European Commission of the way in which the Working
Time Directive has been implemented to cover homeworkers?

What are the findings of the analysis?

C 261 E/104

Official Journal of the European Communities

EN

18.9.2001

Answer given by Mrs Diamantopoulou on behalf of the Commission

(2 April 2001)

On 1 December 2000, the Commission adopted a report on the state of implementation by Member
States (1) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of
the
organisation of working time (2).

The Commission however has not carried out any specific analysis of the way in which this Directive has
been implemented to cover homeworkers and this report does not deal specifically with this issue.

(1) COM(2000) 787 final.
(2) OJ L 307, 13.12.1993.

(2001/C 261 E/109)

WRITTEN QUESTION E-0391/01

by Hiltrud Breyer (Verts/ALE) to the Commission

Subject: FYROM/Greece: ecological damage to Lake Dojran

(15 February 2001)

There has been a huge drop in the water level of Lake Dojran, which borders the FYROM and Greece, over
the past 20 years (5-8 metres). According to various experts as well as local people, too much water is
being pumped from the lake by the Greeks for irrigating fields. A number of publications have been
drawing attention to this problem since the 1980s. It is not possible at present to assess the scale of the
ecological damage.

To what extent has agreement been reached between the FYROM and Greece concerning use of

1.
water from Lake Dojran?

Does such agreement cover ecological aspects, and are there water lifting quotas based on the water

2.
level of the lake?

3. What is being done to repair the damage already observed?

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

(3 April 2001)

The Commission has not been informed by the Greek Government of the existence of a bilateral
agreement with the former Yugoslav Republic of Macedonia concerning the use of water from Lake
Doirani (Dojran).

The Commission has financed an initial diagnostic study for Lake Doirani (Dojran) as part of the PHARE
cross-border cooperation (CBC) programme. The study is a precursor to addressing the technical issues,
identifying the cause of the serious reduction in the water level and proposing remedial action through a
lake management plan.

There is as yet no specific project for Lake Doirani (Dojran) which, co-financed through the Structural
Funds, might aim to repair any environmental damage. Interest in such action has nonetheless been
expressed by both countries within the framework of the abovementioned PHARE CBC programme.