WRITTEN QUESTION E-1731/01 by Isidoro Sánchez García (ELDR) to the Commission. Liberalisation of the fuel sector.
Date: 2001-06-14
Institutions: European Parliament, Provisional data
Subjects: competition law, liberalisation of the market, motor fuel

C 81 E/54

Official Journal of the European Communities

EN

4.4.2002

The Community strategy in the domain of rare diseases has been developing also in two other policy areas:

(cid:129) Research on rare diseases conducted within the Community Framework Programmes for Research and
Technological Development; the proposal for the next Framework Programme (2002-2006), as was
the case for the 5th, contains an explicit reference to rare diseases,

(cid:129) Pharmaceutical policy; the Parliament and Council Regulation (EC) No 141/2000 of 16 December
1999, on orphan medicinal products (3) is now an (cid:145)acquis communautaire(cid:146) that is producing concrete
benefits for rare diseases patients.

(1) No 1295/99/EC (OJ L 155, 22.6.1999, p. 1).
(2) COM(2000) 285 (final) of 16.5.2000.
(3) OJ L 18, 22.1.2000.

(2002/C 81 E/064)

WRITTEN QUESTION E-1731/01

by Isidoro SÆnchez Garc(cid:237)a (ELDR) to the Commission

(14 June 2001)

Subject: Liberalisation of the fuel sector

At a meeting of the Commission and the national competition authorities held on 29 September 2001,
Commissioner Monti stated in relation to liberalisation of the fuel sector that competition law should leave
retailers free to set prices.

Can the Commission supply a list of its measures or recommendations vis-(cid:224)-vis the Member States or,
where relevant, of actions already adopted by the Member States and the Commission in this sense?

Can the Commission provide information on the concrete measures being taken to enable new
independent operators or non-integrated companies to enter the national fuel markets within the EU, in
the interests of greater liberalisation and competition in this strategic sector?

Answer given by Mr Monti on behalf of the Commission

(3 September 2001)

Concerning the first question, the Commission has always considered resale price maintenance as a very
serious restriction of competition falling under the scope of paragraph 1 of Article 81 (ex Article 85) of the
EC Treaty. As a result, it does not grant and has not granted exemptions under paragraph 3 of Article 81
to this kind of conduct, either individually or in the context of a block exemption regulation concerning
vertical agreements. This principle is stated in Article 4a) of Commission Regulation (EC) No 2790/1999
concerning vertical agreements (1) in which it is indicated that (cid:145)the [block] exemption (cid:133) shall not apply to
vertical agreements which, directly or indirectly, in isolation or in combination with other factors under
the control of the parties, have as their object (a) the restriction of the buyer(cid:146)s ability to determine its sale
price, without prejudice to the possibility of
the supplier(cid:146)s imposing a maximum sale price or
recommending a sale price, provided that they do not amount to a fixed or minimum sale price as a
result of pressure from, or incentives offered by, any of the parties.(cid:146) Paragraph 47 of Commission Notice
(cid:145)Guidelines on vertical restraints(cid:146) describes in detail that resale price maintenance can be achieved by direct
as well as indirect means (2).

Concerning the second question, it must first of all be recalled that, contrary to other energy markets
where a gradual opening to competition is taking place, the motor fuels market is in principle open to
competition in the Community. Therefore, independent operators or non-integrated companies are free to
enter the different national motor fuel markets within the Community. The Commission has sent
questionnaires to independent motor fuel companies in order to review whether there are nevertheless

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Official Journal of the European Communities

C 81 E/55

barriers, either enacted by the State or by private parties, that might prevent independent or non-integrated
companies to enter the national motor fuel markets within the Community. This review will be concluded
in the near future. If evidence were found of infringements of Articles 81 and 82 (ex Article 86) of the EC
Treaty or any other provision of the EC Treaty, the Commission would take action in order to bring the
infringements to an end.

(1) Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the EC
Treaty to categories of vertical agreements and concerted practices, OJ L 336, 29.12.1999. See also the eighth
recital whereas of Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of
the EC Treaty to categories of exclusive purchasing agreements, OJ L 173, 30.6.1983.

(2) OJ C 291, 13.10.2000.

(2002/C 81 E/065)

WRITTEN QUESTION E-1740/01

by Bart Staes (Verts/ALE) to the Commission

(15 June 2001)

Subject:

(cid:145)Illegal(cid:146) Belgian visas and passports

In a joint reply to Questions E-0234/01 and E-0235/01 (1) on illegal Belgian visas and passports, the
Council states that (cid:145)the problem raised concerns a matter that has to be settled by the relevant Belgian
authorities(cid:146). The Council adds that it (cid:145)does not usually call on a Member State of the Union(cid:146) (cid:129) e.g., as in
this case, the Belgian Federation (cid:129) (cid:145)to give an explanation concerning a matter over which the Member
State itself has jurisdiction(cid:146).

The Council(cid:146)s position is astonishing. The issuing of visas and passports by the fifteen EU Member States
requires special attention in the context of the third pillar of the European Union (justice and home
affairs). A temporary or permanent residence permit issued by the Belgian Federation affords access to all
the Schengen countries. Thus such residence permits are like gold-dust to criminals and create enormous
scope for corruption in the field of migration.

In its reply, the Council mentions the Commission(cid:146)s responsibility for monitoring (cid:145)the operation of
Community visa regulations(cid:146).
(cid:145)If a Member State(cid:146)s acts or omissions were to affect the operation of
Community visa regulations it would be for the Commission to give the Member State concerned the
opportunity to submit its comments.(cid:146)

Will the Commission, in accordance with the Council(cid:146)s reply, give the Belgian authorities the opportunity
to submit comments on (cid:145)acts or omissions which affect the operation of Community visa regulations(cid:146),
namely (a) trafficking in diplomatic cards at the Belgian Foreign Ministry and (b) fraud relating to visas at
the Belgian Embassy in Sofia? If not, why will the Commission not give the Belgian authorities the
opportunity to submit comments on (cid:145)acts or omissions which affect the operation of Community visa
regulations(cid:146)?

(1) OJ C 235 E, 21.8.2001, p. 159.

Answer given by Mr Vitorino on behalf of the Commission

(3 September 2001)

The Commission shares the Honourable Member(cid:146)s concern. The improper issue of passports, visas and
law aimed at
residence permits is one way of evading the various rules of Community and national
controlling access by nationals of non-EU countries to the territory of the Member States and their
residence in this territory.

There are a range of preventive and punitive provisions and measures at national and Community level
intended to foil such activities.