WRITTEN QUESTION E-3154/01 by Karin Riis-Jørgensen (ELDR) to the Commission. Breach of competition law.
Date: 2001-11-14
Institutions: European Parliament, Provisional data
Subjects: European Commission, beverage industry, competition law, exchange of information, glass industry

C 115 E/234

Official Journal of the European Communities

EN

16.5.2002

Quite apart from being a clear infringement of Community law, this incident caused huge financial losses,
since the vessels in question were obliged to return to their home ports having wasted a number of fishing
days.

In view of the fact that such events are unfortunately becoming a regular occurrence, what action is the
Commission planning to take in order to put a stop to them?

What sanctions are to be applied to France in view of that country’s tendency to repeat such acts?

Within what period of time will the relevant sanctions be announced and applied?

Answer given by Mr Fischler on behalf of the Commission

(6 December 2001)

The anchovy fishery in the Bay of Biscay has been a longstanding source of conflict between, on the one
hand, fleets based in the Basque Country and other Spanish Atlantic ports, which use encircling nets, and,
on the other hand, the French fleet, which mainly uses mid-water trawls.

In the past these problems have been settled to the satisfaction of both parties through dialogue and
cooperation. The ‘Josselin Agreement’, which was concluded in Arcachon in 1992 and is still in force,
introduced a code of good conduct for this fishery and could provide the basis for the search for a
solution.

The Commission is aware of the events that have taken place in the French ports of La Rochelle and Saint
Nazaire and is maintaining close contact in this connection with the authorities of the Member States
concerned; it is working to achieve reconciliation between the two parties that may bring a lasting solution
to the conflict.

In accordance with the national procedures in force, Spanish fishermen who have suffered losses as a result
of demonstrations by French fishermen in those ports can always seek compensation for damages.

The Commission is monitoring events and will,
compliance with Community law.

if necessary, take the requisite measures to ensure

(2002/C 115 E/252)

WRITTEN QUESTION E-3154/01

by Karin Riis-Jørgensen (ELDR) to the Commission

(14 November 2001)

Subject: Breach of competition law

The conclusion of glass supply contracts between Carlsberg A/S and Ritzenhoff Cristal AG has prompted
complaints from competing companies to the Commission that the contracts 8 which also involve J.G.
Durand, a partner 8 are contrary to EU competition law. Their claims are supported by numerous
documents.

In the Commission’s view, are the contracts between Carlsberg A/S and Ritzenhoff Cristal AG 8 together
with the associated contracts with J.G. Durand 8 consistent with EU competition law?

If the Commission finds that EU competition rules have been breached, how does it envisage putting an
end to these unlawful contracts?

16.5.2002

EN

Official Journal of the European Communities

C 115 E/235

Answer given by Mr Monti on behalf of the Commission

(7 January 2002)

All the Commission has received so far in the matter referred to by the Honourable Member is a facsimile
of 5 October 2001. The Commission has asked for additional documentation which has not been received
yet. Should this documentation contain evidence pointing towards a possible violation of Community
competition rules the Commission will, to the extent that this is in the interest of the Community, open an
investigation in order to establish whether those rules have been infringed. If an infringement were to be
found, the Commission will take the necessary measures to bring it to an end.

(2002/C 115 E/253)

WRITTEN QUESTION E-3158/01

by Massimo Carraro (PSE) and Giovanni Pittella (PSE) to the Commission

(14 November 2001)

Subject: Airbus

According to press reports, the Italian Defence Minister, Antonio Martino, has made it clear that he has no
intention of buying 16 of Airbus’s planned A400M aircraft because he considers them to be ‘of little use’.

Will the Commission explain, in the light of its previous communications as well as the positions adopted
by the other European institutions, how important the building of this tactical and logistical military
transport plane would be for the development of the European defence industry and in the wider context
of the establishment of a European common defence policy?

Answer given by Mr Liikanen on behalf of the Commission

(21 December 2001)

The Commission expressed its vision regarding the future of the European defence industries in its
Communications adopted in 1996 and 1997 (1).

In response to declining demand and increasing competition a restructuring process has started among the
the necessary
European defence industries. The European industry should be allowed to carry out
restructuring process, cooperate, or merge activities where they are similar or complementary, and thereby
improve its competitive position. Whilst industry must lead this process, the Member States and European
Institutions and organisations should seek to establish the necessary framework to allow for the proper
functioning of a European defence-related equipment market.

The focus for Commission activities is on the supply side in promoting action that will shape a European
defence equipment market and allow European defence procurement to be more cost effective.

As far as the demand side is concerned, the role of Member States and other multilateral organisations is
particularly important in areas such as the harmonisation in time and content of operational requirements,
and the creation of a European Armament Agency to run programmes with a European dimension.

The Commission welcomes the fact that common requirements lead more and more systematically to
common programs such as A400M. When launched, this major European programme, bringing together
the resources of Europe’s major aircraft manufacturers, will concretely give birth to Airbus Military
Company.

This is in line with the political goals agreed at the Helsinki European Council where it was also agreed to
seek further progress in the harmonisation of military requirements and the planning and procurement of
arms, as Member States consider appropriate.

(1) COM(96) 10 final and COM(97) 583 final.