WRITTEN QUESTION E-1727/01 by John Bowis (PPE-DE) to the Commission. Rare diseases.
Date: 2001-06-14
Institutions: European Parliament, Provisional data
Subjects: EU action, EU research policy, action programme, illness, medical research, public health

4.4.2002

EN

Official Journal of the European Communities

C 81 E/53

The Poseima programme schemes mentioned by the Honourable Member (for the environment, craft
industries and energy) could not be continued because they were neither eligible for structural funding nor
covered by a specific budget line. However, Structural Fund operational programmes for 2000-2006 make
provision for funding investment in energy and the environment. More generally,
investment in the
environment and transport
is also eligible for funding under the Cohesion Fund for the countries
concerned. At the same time the Commission is still deliberating on the concerns raised by the Honourable
Member.

Finally, the Commission now regards Article 299(2) (ex-Article 227(2)) of the EC Treaty as an important
political lever to bring in Community measures to assist the outermost regions. As regards the legal basis
in the strict sense for the measures in favour of those regions, the Council opted unanimously for a double
legal basis for the measures it adopted in June 2001. The Commission, however, stands by its view that
Article 299(2) should be used as the legal basis only for exceptions to the provisions of the Treaty, without
prejudice to the use of the specific legal bases for the common policies.

(1) COM(2000) 147.

(2002/C 81 E/063)

WRITTEN QUESTION E-1727/01

by John Bowis (PPE-DE) to the Commission

(14 June 2001)

Subject: Rare diseases

What is the position of rare diseases in the Public Health framework? How will the Commission ensure
action on such diseases and what further calls will there be for proposals in this area?

Answer given by Mr Byrne on behalf of the Commission

(3 September 2001)

The programme of Community action for 1999-2003 on rare diseases represents an important step in the
consolidation of the Community policy for this area of public health. This programme was adopted by
Decision of the European Parliament and the Council on 29 April 1999 (1) and is one of the eight
programmes of Community action in public health.

During the forthcoming months a common call for proposals for 2002 for the eight existing programmes
will be published, including a call for proposals on rare diseases. In implementing these programmes, the
Commission will ensure that actions undertaken are complementary and consistent with the scope and the
objectives of the Community(cid:146)s Health strategy and the proposed new Public Health programme (2), which
was proposed last year with a view to achieving a better focused approach and synergy between various
actions. This programme will replace all the eight existing public health programmes.

The new programme has three main strands of actions:

(cid:129) Improving health information;

(cid:129) Responding rapidly to health threats;

(cid:129) Addressing health determinants.

Once the new Public Health programme will be adopted, the current eight programmes will be repealed.
Work on rare diseases will be continued under the new programme.

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