WRITTEN QUESTION P-0900/01 by Dirk Sterckx (ELDR) to the Commission. Progress in the case against Deutsche Post.
Date: 2001-03-19
Institutions: European Parliament, Provisional data
Subjects: Germany, competition law, complaint to the Commission, dominant position, postal service

C 318 E/148

Official Journal of the European Communities

EN

13.11.2001

an important component designed to better integrate research teams in Europe and strengthen mobility.
Following the Council Resolution of 15 June 2000, the Member of the Commission responsible for
research convened the High-Level Expert Group on Improving Mobility of Researchers with representatives
from the Member States, to help prepare an analysis of obstacles to mobility with a view to the
Commission presenting proposals in June 2001.

(1) COM(2000) 6 final.
(2) COM(2001) 94 final.
(3) OJ C 205, 19.7.2000.

(2001/C 318 E/160)

WRITTEN QUESTION P-0900/01

by Dirk Sterckx (ELDR) to the Commission

(19 March 2001)

Subject: Progress in the case against Deutsche Post

On 20 July 1999, in response to a complaint lodged in 1994, the Commission started an investigation
into the activities of Deutsche Post, particularly to ascertain whether Deutsche Post was subsidising its
commercial activities with revenue from its monopoly on the delivery of letters. At the same time, the
Commission is investigating whether Deutsche Post has used monopoly revenue to finance take-overs. On
9 November 2000 a hearing was held at which it was apparent that the Commission already had all the
requisite information concerning the case.

Now that nearly twenty months have elapsed since the opening of the procedure, what is preventing the
Commission from taking a decision on this case? Is the Commission taking account of the fact that, since
the complaint was lodged, Deutsche Post has acquired other businesses and that other postal operators are
following this (cid:145)example(cid:146), with the result that by the time the deadline arrives for complete liberalisation of
postal services, there will no longer be any market to be liberalised?

Answer given by Mr Monti on behalf of the Commission

(21 May 2001)

As stated by the Honourable Member the Commission adopted on 20 July 1999 the decision to open
a formal State aid procedure under Article 88 (2) (ex Article 93) of the EC Treaty regarding Deutsche Post
AG (1). The procedure covers the whole range of State aid allegations concerning Deutsche Post AG: use of
revenues of the monopoly letter service to cover losses of parcel activities, use of such revenues for
acquisitions, use of transferred real estate to finance acquisitions, existence of state guarantee for debts and
the coverage of pension obligations by the state.

Since the State aid examination is still pending no indication about the likely result can be given. Of
course, the Commission will fulfil its duty under the competition rules of the EC Treaty to ensure fair
competition on a level playing field in this important sector of the economy while at the same time not
challenging the provision of universal postal services.

As regards acquisitions by Deutsche Post AG, such transactions fall under the jurisdiction of
the
Commission according to the Merger Regulation, Council Regulation (EEC) no 4064/89 of 21 December
1989 on the control of concentrations between undertakings (2). These transactions are examined and
decided by the Commission in the same way as other transactions when applying the requirements of the
Merger Regulation.

It should also be remarked that the oral hearing mentioned in the question was part of an anti-trust
investigation concerning Deutsche Post AG, which has to be seen independent of the State aid procedure.
The Commission now has concluded its antitrust investigation into Deutsche Post AG with a decision

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finding that the German postal operator has abused its dominant position by granting fidelity rebates and
engaging in predatory pricing in the market for business parcel services.

(1) OJ C 306, 23.10.1999.
(2) OJ L 395, 30.12.1989, republished in OJ L 257, 21.9.1990.

(2001/C 318 E/161)

WRITTEN QUESTION E-0904/01

by Elisabeth Schroedter (Verts/ALE) to the Commission

(28 March 2001)

Subject: EU authorisation for diesel cars using cold-pressed rape-seed oil

Article 24 of the German highway code says that using cold-pressed rape seed oil in diesel vehicles does
not affect authorisation to drive such vehicles.

Accordingly, every week in Germany several hundred diesel cars are being converted to cold-pressed rape
seed oil. However, owners of such vehicles are wondering whether this will restrict their freedom of travel
in the European Union.

Can the Commission answer the following:

(cid:129) Which EU Member States refuse authorisation for diesel cars converted for the use of cold-pressed

rape seed oil?

(cid:129) Are there any plans in those Member States to do away with restrictive rules?

(cid:129) If so, when?

(cid:129) If not, why not?

(cid:129) What action has the Commission taken hitherto to ensure that standard rules apply for the

registration of cars powered by rape seed oil which permit cross-border travel?

(cid:129) What action has the Commission taken to promote the use of rape seed oil as a substitute for diesel?

Answer given by Mr Liikanen on behalf of the Commission

(13 June 2001)

There is at present no Member State in which it is possible to obtain type approval for a diesel vehicle
running on rape-seed oil.

Rape-seed oil is one of the methyl esters and can be used as an extender or replacement for diesel fuel.
Sunflower, palm, soya or cooking oils or animal fats can be used in the same way. Some types of new cars
may be designed to be fuelled with diesel containing a low proportion of methyl ester, specifically for
some markets such as France, where methyl esters are added to diesel fuel. However, motor vehicle
manufacturers are rather cautious about the use of methyl esters as a fuel for diesel vehicles.

Compared to (cid:145)pure(cid:146) diesel fuel, the use of methyl esters can lead to higher deposit formation in an engine,
greater deterioration of engine seals and other elastomer materials, and to increased corrosion, since
methyl esters are hygroscopic.

It has also been found that emissions of nitrogen oxides in vehicles using methyl esters are higher than
when pure diesel fuel is used.