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C 277 E/256 Official Journal of the European Communities EN 14.11.

2002

(2002/C 277 E/284) WRITTEN QUESTION E-2074/02


by Roger Helmer (PPE-DE) to the Commission

(12 July 2002)

Subject: UK manorial rights

Can the Commission please tell us whether the EU has any intention of drafting legislation affecting UK
manorial rights or whether any EU legislation in current progress would affect the rights of UK manors to
hold a market or fair, which current manorial rights entitle them to do?

Answer given by Mr Bolkestein on behalf of the Commission

(5 August 2002)

The Union has no intention of drafting legislation affecting United Kingdom manorial rights, nor does any
Union legislation in progress affect the rights of British manors to hold a market or fair.

It is to be noted, however, as far as the right to hold fairs and markets, (or the exercise of any other form
of economic activity) is affected by rules or regulations deriving from the State (including the Crown), local
or regional government, then those rules and regulations are, insofar as they affect the organisation of
markets or fairs by operators from other Member States, subject to the principle of the freedom to provide
services enshrined at Article 49 of the EC Treaty (1). Notwithstanding the latter, such rules and regulations
may be shown to be justified.

As regards the holding of commercial trade fairs and exhibitions, for further detailed information
concerning such events, the Honourable Member is referred to the Commission interpretative
Communication of 8 May 1998 concerning the application of the Single Market rules to the sector of
fairs and exhibitions (2).

(1) See case C-439/99, Commission v Italy, 15 January 2002.


(2) OJ C 143, 8.5.1998.

(2002/C 277 E/285) WRITTEN QUESTION E-2171/02


by Paulo Casaca (PSE) to the Commission

(18 July 2002)

Subject: Competition with agricultural production in the Azores as a result of the Poseima programme

Under the terms of Annex II of Regulation (EC) No 1453/2001 (1) the Autonomous Region of the Azores
is entitled to import a large number of food products free of customs duty or with third-territory status, in
particular products identical to those produced in the Azores, such as sugar, milk and meat, provided that
these products are not re-exported, with a number of exceptions, including that specified in Article 3(5) of
Regulation (EC) No 1453/2001.

According to this exception the re-export prohibition ‘shall not apply to trade flows between the Azores
and Madeira’.

By virtue of this provision products are being sold on the Azorean market at unbeatable prices after being
imported from the Autonomous Region of Madeira under the terms of the Regulation. Can the
Commission therefore say whether it had this in mind when it promoted the amendment to Article 3(5) of
the Poseima Regulation?

If this was not the aim, does it not consider it should explain what its aim was, and prevent unfair
competition with agricultural products from the Azores, in accordance with its powers to draw up
implementing regulations?