WRITTEN QUESTION No. 3878/97 by Amedeo AMADEO to the Commission. Vertical restraints in competition policy
C 174/150 EN Official Journal of the European Communities 8. 6. 98 The green paper contains a number of possible options for the future thrust of policy towards vertical restraints. However these options are not exhaustive and a number of other possible options arose during the consultation process. The Commission notes the similarities between the negative clearance presumption in option IV of the green paper and the concept of áde minimisí as defined in the notice of the Commission relating to the revision of the notice of 3 September 1986 on agreements of minor importance which are not caught by the provisions of Article 85(1) of the EC Treaty (1). It is as yet too early to comment on the outcome of the green paper, but the Commission notes the need for co-ordination between the Commissionís notice on agreements of minor importance, and any future policy proposal in this area. (1) COM(96) 722 final. (98/C 174/224) WRITTEN QUESTION E-3878/97 by Amedeo Amadeo (NI) to the Commission (5 December 1997) Subject: Vertical restraints in competition policy With reference to the Green Paper on vertical restraints in EC competition policy (COM(96) 721 final), the system of category exemptions based on forms of distribution is too rigid and fails to cover forms of distribution which are dynamic adjustments to changing market conditions. Will the Commission review the existing category exemption regulations, which are undoubtedly too rigid and often difficult to interpret, with a view to making them more flexible? Answer given by Mr Van Miert on behalf of the Commission (14 January 1998) The Commission refers the Honourable Member to its answer to his previous written question E-3877/97 (1). The Commission can confirm to the Honourable Member that as part of its overall review of policy on vertical restraints it is also reviewing the existing category exemption regulations other than Commission Regulation (EC) No 1475/95 of 28 June 1995 on the application of Article 85(3) of the EC Treaty to certain categories of motor vehicle distribution and servicing agreements (2). The concept of making the existing category exemption regulations more flexible is one of the possible policy options discussed in paragraphs 282 to 285 of the green paper on vertical restraints in EC competition policy. It is as yet too early to comment on the outcome of the green paper, as the Commission is currently in the process of formulating its own position in reaction to all the information, submissions and opinions received during the consultation exercise. Therefore, the Commission is not in a position at this stage to say whether or not it will propose that these category exemptions be made more flexible. The Commission hopes to be in a position to clarify its policy position during 1998. (1) See page 149. (2) OJ L 145, 29. 6. 1995