WRITTEN QUESTION No. 1942/97 by Friedhelm FRISCHENSCHLAGER to the Commission. Retail price maintenance for books in the German-language area - Distortion of competition by book clubs - Restrictions on competition in the European book market
C 45/126 EN Official Journal of the European Communities 10. 2. 98 (98/C 45/161) WRITTEN QUESTION P-1941/97 by Esko Seppa¤nen (GUE/NGL) to the Commission (28 May 1997) Subject: Inviolability of EU officials An article headed Deutsche Delleí in issue 19/1997 of the German weekly magazine Der Spiegelí reported that the German political elite was calling for German EU officials to do more than hitherto to defend Germanyís interests. The magazine based this claim, inter alia, on a memorandum by Karl-Heinz Florenz of the CDU/CSU, as well as on the opinions of other politicians. According to the EU Staff Regulations, officials are not permitted to take instructions from any Member State. Does the Commission believe that what the magazine says is true, and if so, what will it do to defend EU officials against national pressure brought to bear on them? Answer given by Mr Liikanen on behalf of the Commission (12 June 1997) Article 11 of the Staff Regulation of Officials of the European Communities stipulates that an official must carry out his duties and conduct himself solely with the interests of the Communities in mind; he must neither seek nor take instructions from any government, authority, organisation or person outside his institution. Under Article 86 any failure by an official or former official to comply with his obligations under the Staff Regulations, whether intentionally or through negligence on his part, will make him liable to disciplinary action. The Commission feels that no action need be taken to protect the independence of European officials as the Staff Regulations clearly and unambiguously require them to act impartially. (98/C 45/162) WRITTEN QUESTION E-1942/97 by Friedhelm Frischenschlager (ELDR) to the Commission (4 June 1997) Subject: Retail price maintenance for books in the German-language area › Distortion of competition by book clubs › Restrictions on competition in the European book market There are many different kinds of restrictions on competition in the book markets of the various language areas in Europe (retail price maintenance, recommended retail prices, etc. ). There is an apparent contradiction between the principle of free competition and retail price maintenance for books. In Austria at present, around a quarter of books which are supposedly subject to retail price maintenance are being sold at lower prices through book clubs. Unlike small booksellers, however, book clubs can legally bring out their own editions under licence and offer them at lower prices. Neither booksellers nor publishers in Austria have the financial means to print their own licensed editions. It appears that the current retail price maintenance for books ensures substantial competitive advantages for big (German) publishers. Are there arguments which justify this practice in the German-language book market, which distorts competition for small booksellers? If not, what steps will the Commission take to prevent it? Does the Commission believe that it makes sense for all books, including best-sellers, which do not appear to need such protection, to be protected by retail price maintenance?