WRITTEN QUESTION E-3611/01

by Jannis Sakellariou (PSE) to the Commission

(8 January 2002)

Subject: Lloyd's of London

The European Parliament's Committee on Petitions is currently considering several petitions relating to the Lloyd's case.

1. Can the Commission indicate the date on which, as Commissioner Bolkestein promised in the summer of 2001, it will take a decision in this connection on the conformity of British legislation with Directive 73/239/EEC(1)? If it has already taken that decision, to what conclusion did the Commission come?

2. Can the Commission further indicate whether members of the Committee on Petitions will have unrestricted access to the answers to the questionnaire addressed to the British Government?

(1) OJ L 228, 16.8.1973, p. 3.

Answer given by Mr Bolkestein on behalf of the Commission

(15 February 2002)

As the Honourable Member is now probably aware, the Commission decided on 20th December 2001 to request the United Kingdom to provide additional information concerning the regulation and supervision of the Lloyd's insurance market. The request is the first stage of the infringement procedure under Article 226 (ex Article 169) of the EC Treaty. Based on the information currently available, the Commission has concerns about the supervision and regulation of Lloyd's with respect to the requirements of the first non-life insurance Directive, first Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance. The Commission is examining the compatibility of the current regulatory and supervisory arrangements for Lloyd's, and on the basis of the information received from the United Kingdom, the Commission will decide whether or not it considers there is a violation of Community law. The Member of the Commission responsible for the Internal Market has written to the President of the Petitions Committee to inform the Committee of this decision. The Commission has also sent separately a copy of the Commission press release to the Petitions Committee secretariat.

With regard to access of Members of the Petitions Committee to the preceding questionnaire addressed to the British authorities by the Commission, the Honourable Member will no doubt recall that the Vice President of the Commission in charge of the relations with Parliament provided a copy of this questionnaire to the President of the Petitions Committee by letter dated 27 February 2001. However, in accordance with Article 3(2) of Annex III to the Framework Agreement between the Commission and the Parliament, this document was provided on an exclusive confidential basis to Members of the Petitions Committee only.

As the Commission has already explained at some length, both through the personal response of the Member of the Commission responsible for the Internal Market to the Petitions Committee in June 2001 as well as through responses to a number of letters received from Honourable Members, under the Framework Agreement, the Commission is not at liberty to disclose a copy of the response of the British authorities, unless the British authorities waive their rights to confidentiality.

In response to a formal request from the Petitions Committee of the Parliament, the Commission has written to the British authorities asking them to waive these rights. The British authorities have now replied by letter dated 3 December 2001 that they do not wish to waive confidentiality in light of the Commission's on-going investigation. The Commission is therefore unable to provide access to the answers to the questionnaire addressed to the British authorities. The Vice President of the Commission in charge of the relations with Parliament and the Member of the Commission responsible for the Internal Market have written to the President of the Petitions Committee to relay this decision.