WRITTEN QUESTION E-1823/02 by Erik Meijer (GUE/NGL) to the Commission. Making it impossible for firms to continue using existing Microsoft licenses by restricting add-on and upgrade options.
Date: 2002-06-27
Institutions: European Parliament, Provisional data
Subjects: Netherlands, United States, complaint to the Commission, dominant position, information technology industry, on line data service, operating system, patents licence, software

17.4.2003

EN

Official Journal of the European Union

C 92 E/95

The Commission has consequently decided to publish a notice to importers advising them to take
precautionary measures, given the existence of reasonable doubt as to the proper application of the
preferential arrangements for sugar by countries in the Western Balkans. Community operators will
thereby also be informed that the release of the goods in question for free circulation may give rise to a
customs debt and lead to fraud against the Community’s financial interests.

In the meantime, requests for subsequent verification of the proofs of origin presented for sugar imported
from countries in the Western Balkans have been sent by the importing Member States to the countries
concerned. The action taken by the Austrian customs offices, i.e. the requirement that operators lodge a
security on import of sugar subject to such verification, should be seen in this context and is therefore in
conformity with applicable rules.

As to the time it will take until the security is released, it depends from the completion of the necessary
checks showing that the claimed tariff preferences can legitimately be granted. The applicable rules foresee
a maximum of ten months for receiving a reply from the exporting country.

Member States are free to decide whether they require a security or not, but they all bear the responsibility
to protect the Community’s financial interests and will have to ensure payment in case a customs debt is
incurred. The security may be provided by either a cash deposit or a guarantor. The form in which the
required security should be lodged can of course be agreed with each operator in order to avoid financial
difficulties, but it is up to the customs authorities to decide which form can be accepted in order to
appropriately protect the financial interests at stake.

Finally, the situation described in the question does not appear to raise any concern under the Community
competition rules. It does not appear to constitute a restrictive agreement between undertakings (Article 81
of the EC Treaty), an abuse of dominant position (Article 82 of the EC Treaty) or a State aid (Article 87 of
the EC Treaty).

(2003/C 92 E/098)

WRITTEN QUESTION E-1823/02

by Erik Meijer (GUE/NGL) to the Commission

(27 June 2002)

Subject: Making it impossible for firms to continue using existing Microsoft licenses by restricting add-on

and upgrade options

Has the Commission now taken note of the complaint made by NGN, the Dutch user group network,

1.
against Microsoft because:

(a)

(b)

since 1 October 2001 upgrades at 50 % of the normal licence fee for applications (such as MS Office)
and workstation access licenses (CALs) have no longer been available to firms with several licenses,
which means that users have to spend more to stay up-to-date;

the ‘upgrade advantage’ under which for a period of two years customers are entitled to obtain the
latest versions of software at a price only between 5 and 8 % higher than the old upgrades will only
remain valid until 1 August 2002, after which it will not be possible to upgrade any licenses that do
not have an ‘upgrade advantage’ or a ‘software assurance’, which means that 66 % of Microsoft licenses
will then be downgraded to throwaway software;

(c)

the ‘software assurance’ solution offered costs at least 25 to 29 % more than before, while the
alternative option of an annual ‘subscription programme’ proves even more expensive in many cases?

C 92 E/96

Official Journal of the European Union

EN

17.4.2003

2. What can Commission do to ensure, in a virtual monopoly situation, that it is possible to go on
using and upgrading software purchased earlier, particularly in the light of the letter of 22 May 2002 from
the Dutch Competition Authority to NGN and the answer given by the Netherlands Government to
parliamentary questions by members of the national assembly on 2 November 2001 (TK No 198), in
which it suggested that the matter be referred to the Commission because of its transfrontier nature?

3. What is the current position regarding the points raised in paragraphs 4, 5, 6 and 7 of my written
question E-3111/01 (1) on Microsoft’s bundled sales policy, most of which the Commission left unanswered
on 14 January 2002 because Microsoft’s replies were still being examined and it had therefore not been
able to reach any conclusions?

(1) OJ C 147 E, 20.6.2002, p. 97.

Answer given by Mr Monti on behalf of the Commission

(31 July 2002)

The Commission has taken note of

1.
Commission is aware of the general terms of Microsoft’s revised ‘upgrade’ licensing policy.

the complaint by NGN against Microsoft. Moreover,

the

2.
For reasons of efficient allocation of its limited resources and in light of its ongoing case against
Microsoft, the Commission agreed with several national competition authorities in 2001 that these
competition authorities would conduct the first analysis of Microsoft’s ‘upgrade’ licensing policy. Taking
into account the work that has been done by the relevant national competition authorities on this issue,
the Commission is currently examining with these authorities the most efficient way to carry the
investigation forward.

As regards the Commission’s ongoing investigation, Microsoft made its final submissions to the file

3.
in April 2002. The Commission is now completing its analysis of this file (20 000 pages).

(2003/C 92 E/099)

WRITTEN QUESTION E-1828/02

by Pere Esteve (ELDR) to the Commission

(27 June 2002)

Subject: Persons missing in unknown circumstances

In Resolution 2001/C 283/01 (1) on the contribution of civil society in finding missing or sexually
exploited children the Council calls on the Commission to carry out research on the matter, and to prepare
a report on the basis of the research by the end of the year.

Is the Commission preparing the above-mentioned research and report, and, if so, would it be possible to
extend their scope to include minors and adults who are missing in unknown circumstances?

Will the Commission draft legislation on missing persons, as has been done in the case of missing or
sexually exploited children?

(1) OJ C 283, 9.10.2001, p. 1.

Answer given by Mr Vitorino on behalf of the Commission

(22 July 2002)

Following Resolution 2001/C 283/01, the Commission has put forward, in the context of the STOP II
Programme, a proposal for a study to be drawn up. The STOP II Committee will meet on 24 July 2002 in
order to develop its opinion on the proposal of the Commission.