WRITTEN QUESTION P-0772/03 by Albert Maat (PPE-DE) to the Commission. Ruling of the Netherlands Competition Authority (NMA), Case No 2269, concerning the shrimp wholesale trade and fisheries regarding price agreements.
Date: 2003-03-07
Institutions: European Parliament, Provisional data
Subjects: Netherlands, common fisheries policy, common organisation of markets, conservation of fish stocks, control of restrictive practices, crustacean, fishing industry, price agreement, wholesale trade

C 33 E/80

Official Journal of the European Union

EN

6.2.2004

prompted by the practice followed by some religious communities, such as the evangelical churches, of
campaigning from door to door. The Under-Secretary of State for Religious Affairs, Dok Narin, has said
that: ‘some Christian groups are not good. They are forcing people to convert’.

Is the Commission aware of this provision? What will it do to avert the risk of this directive being used to
discriminate against religious groups disliked by the government? What pressures will it bring to bear to
ensure that Cambodians fully enjoy the right to religious freedom, which, as established by Article 18 of
the Universal Declaration of Human Rights, includes the freedom to change religion or belief and the
freedom, either alone or in community with others and in public or private, to manifest one’s religion or
belief in teaching practice, worship and observance?

Answer given by Mr Patten on behalf of the Commission

(26 March 2003)

The Commission is well aware of the Directive of the Ministry of Cults and Religious Affairs issued on
14 January 2003, which aims at preventing inter-religious conflicts by enforcing instructions issued on
21 August 1999.

While it is true that according to the Directive, some Christian proselytising activities are forbidden, such
as door-to-door visits ‘since these actions disturb the daily life of the people and create situations of
insecurity that affect social peace’, the Directive also states that it is compulsory to respect religions other
than yours own and it is forbidden to criticise or smear them. This is also valid for Buddhism, the State
religion in Cambodia. Any activity leading to inciting religious hatred or conflict is also prohibited.

Religious freedom in Cambodia is guaranteed by article 31 (Chapter III) of the Constitution. In the absence
of an in dept-analysis at this stage, the Directive as well as measures adopted until now by the Ministry of
Cults and Religious Affairs, which are put in place to avoid the risks of religious conflicts, do not appear to
violate the Universal Declaration on Human Rights nor the provisions of the Cambodian Constitution.

The Commission does not find any reason, at present, to believe that the government will use this
Directive to discriminate against any particular religious groups.

(2004/C 33 E/076)

WRITTEN QUESTION P-0772/03

by Albert Maat (PPE-DE) to the Commission

(7 March 2003)

Subject: Ruling of the Netherlands Competition Authority (NMA), Case No 2269, concerning the shrimp

wholesale trade and fisheries regarding price agreements

Is the Commission aware of the ruling of the Netherlands Competition Authority (NMA), Case

1.
No 2269, concerning the shrimp wholesale trade and fisheries regarding price agreements?

2.
Is the Commission prepared to enter into consultations with the producer organisations and
representatives of the Netherlands Government in the very near future to consider which agreements
should be made?

Does the Commission agree that the NMA ruling is at odds with European policy to encourage

3.
producer organisations to take a sustainable approach to our fish stocks?

6.2.2004

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Official Journal of the European Union

C 33 E/81

Answer given by Mr Monti on behalf of the Commission

(1 April 2003)

The Commission is aware of the decision of 14 January 2003 whereby the Netherlands Competition
Authority (Nma) has imposed fines totalling EUR 13,781 million on eight wholesale traders in shrimps,
and four Dutch, three German and one Danish producer organisation in the shrimp fishery industry, for
infringements of the European and Dutch competition rules prohibiting cartels. In its decision the NMa has
established, first of all, that the producer organisations and the wholesaler traders entered into agreements
with each other to limit the size of the catch of North-Sea shrimps and to set minimum prices and
secondly, that these agreements were also implemented in the period from January 1998 until February
2000.

The Commission has frequent contacts with producer organisations by way of the Advisory Committee on
Fisheries and Aquaculture. The questions at issue in the present instance were discussed at the Advisory
Committee on 26 February 2003. Furthermore, these questions were discussed with Member States at the
meeting of the Management Committee for Fisheries and Aquaculture Products on 7 March 2003. The
Commission is ready to hold further discussions with interested parties if they so wish.

The Commission does not concur with the Honourable Member’s opinion that the NMa ruling is at odds
with European policy. It is correct that the main objective of the reform of the common organisation of
the markets in fishery and aquaculture by way of Regulation No 104/2000 (1)
is to ensure that the
production and marketing of fishery products take account of the need to support sustainable fishing. It is,
therefore, designed to comprise measures which ensure a better match between supply and demand. To
this end, producer organisations have been entrusted with specific tasks. This is in line with the
sustainability focus of the Common Fisheries Policy, a feature which has been clearly strengthened by the
most recent package of decisions on the reform of the Common Fisheries Policy, which the Council
adopted in December 2002. It is clear, however, that there cannot be a conflict between sustainability
requirements and competition rules as long as producer organisations stick to acting within the bounds of
their lawful tasks under the Common Fisheries Policy. Inversely, sustainability considerations may not be
used as an argument to justify practices, such as collusive action between producer organisations and
wholesale traders concerning minimum prices and catch limits, which fall outside the lawful tasks of
producer organisations as specified in the relevant legal
instruments and which violate the European
competition rules.

(1) Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in

fishery and aquaculture products, OJ L 17, 21.1.2000.

(2004/C 33 E/077)

WRITTEN QUESTION E-0794/03

by Hedwig Keppelhoff-Wiechert (PPE-DE) to the Commission

(14 March 2003)

Subject: Coordination,

integration and marketing of rural

tourist accommodation and services as an

additional measure under Regulation (EC) No 1257/1999

Farm holidays secure both agricultural and non-agricultural revenue and jobs, satisfy the growing demand
in many sections of the population for nature-based forms of tourism, promote understanding between the
urban and rural population and contribute to the protection of nature and the environment. This type of
rural holiday is also a particularly good way of raising holidaymakers’, and therefore consumers’, awareness
of the origins and nature of agricultural products. To a great extent, farm holidays or tourist services
provided by rural businesses
sustainable development connected to the
Community’s policy on rural development.

the guidelines

fulfil

for