WRITTEN QUESTION E-1732/01 by Isidoro Sánchez García (ELDR) to the Commission. Large shopping centres and unfair competition.
Date: 2001-06-14
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, competition law, discount sale, motor fuel, restriction on competition, retail trade, supermarket

C 350 E/216

Official Journal of the European Communities

EN

11.12.2001

As the communication Tax policy in the European Union (cid:129) Priorities for the years ahead (2) states, the
option introduced by the Amsterdam Treaty which is designed to allow closer co-operation between sub-
groups of like-minded Member States could also be considered in certain cases. Where indirect taxation is
concerned the possibility of closer co-operation might be the way forward for environment and energy
taxes.

The Commission is still working on the details of various complex economic and legal aspects of closer co-
operation. This approach must not be allowed to undermine the single market, become a trade barrier or
result in trade discrimination, falsify the conditions of competition or affect the jurisdictions, rights and
obligations of Member States that do not participate.

(1) COM(2001) 264 final.
(2) COM(2001) 260 final.

(2001/C 350 E/241)

WRITTEN QUESTION E-1732/01

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

Subject: Large shopping centres and unfair competition

(14 June 2001)

There appears to be a general tendency (cid:129) other than in those Member States where such practices are
expressly banned (cid:129) to install petrol pumps or service stations in large shopping centres. These centres are
in some cases in a position to trim their profit margins or, indeed, resort to dumping in order to cut prices
as a means of attracting customers to their petrol pumps. This results in situations of unfair competition,
with the resultant losses for consumers and other retailers (service stations).

Can the Commission state whether it has adopted any recommendation to the Member States to

1.
prevent such practices or whether it intends to adopt any control measures in this connection?

Can the Commission state what specific measures it will adopt to promote consumers(cid:146) interests and

2.
transparency as regards fuel prices at petrol pumps or service stations located in large shopping centres?

Answer given by Mr Monti on behalf of the Commission

(24 July 2001)

The Commission has not adopted any recommendation to Member States to prevent that large shopping
centres engage in motor fuel retailing, applying, in some cases, a strategy of cutting retail prices, nor does
it intend to adopt any control measures in this regard.

In general, the Commission considers that the presence of new entrants and independent, non-integrated
companies is essential to maintain and improve the competitive pressure in the motor fuel retail markets.
In its press release of 2 October 2000 (1), the Commission pointed out that the experience of the Member
States shows that markets where independent non-integrated operators with a countervailing buying
power are present typically show a more competitive performance than markets where only integrated oil
companies are present. Examples of Member States where supermarkets have proven to be successful
entrants at retail level markets are France and the United Kingdom.

Moreover, motor fuel retail markets tend to be regional, or at most, national in scope. The effects of
restrictions of competition are therefore likely to be felt mainly within one Member State. In this case, it
seems that the questions invoked by the Honourable Member would primarily be a matter for national
authorities rather than for the Commission.

It should finally be noted that undertakings are free, under Community competition rules, to sell at
whatever price they decide. Community competition law does thus not prohibit undertakings from selling
at low prices as a means of attracting customers. Only in case of dominant undertakings this freedom may
be limited to a certain extent.

11.12.2001

EN

Official Journal of the European Communities

C 350 E/217

The Commission does not intend to take any specific measure with regard to transparency of motor fuel
prices at service stations. It believes that the best way to promote consumers(cid:146) interests in the motor fuel
market is to ensure that competition is not distorted in the Community.

(1)

IP/00/1090.

(2001/C 350 E/242)

WRITTEN QUESTION P-1741/01

by Anne Jensen (ELDR) to the Commission

(12 June 2001)

Subject: Implementation of Directive 97/81/EC on part-time work

In what case has implementation of Council Directive 97/81/EC (1) of 15 December 1997 on part-time
work led to a lowering of the limits for the number of hours worked subject to which part-time workers
are covered by particular conditions of employment?

(1) OJ L 14, 20.1.1998, p. 9.

Answer given by Ms Diamantopoulou on behalf of the Commission

(13 July 2001)

The goal of Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on
part-time work concluded by UNICE, CEEP and the ETUC (1) is to eliminate discrimination against part-
time workers, improve the quality of part-time work, facilitate the development of the potential for part-
time work on a voluntary basis and contribute to the flexible organisation of working time in a manner
which takes into account the needs of employers and workers.

However, the Directive does not lay down the number of hours that must be worked to fall within the
definition of (cid:145)part-time(cid:146). It leaves the definition of this term to the national legislation of the Member
States, stating merely that (cid:145)The term (cid:147)part-time worker(cid:148) refers to an employee whose normal hours of
work, calculated on a weekly basis or on average over a period of employment of up to one year, are less
than the normal hours of work of a comparable full-time worker(cid:146).

(1) OJ L 14, 20.1.1998.

(2001/C 350 E/243)

WRITTEN QUESTION P-1743/01

by Paul Lannoye (Verts/ALE) to the Commission

(12 June 2001)

Subject: Council Recommendation 1999/519/EEC on electromagnetic fields

Council Recommendation 1999/519/EEC (1) of 12 July 1999 on the limitation of exposure of the general
public to electromagnetic fields (0 Hz to 300 GHz) resulted from the process launched by the Commission
with the publication of a draft recommendation in July 1998. This draft recommendation was submitted
for consultation to the European Parliament, which adopted the Tamino report on the same subject on
10 March 1999.

Parliament(cid:146)s resolution called on the Commission to adopt the recommendation by 1 January 2001 in
view of the long-term effects highlighted by all scientific publications on this question and taking into
account the provisions already existing in the Member States and the precautionary principle.