WRITTEN QUESTION E-3243/00 by Neil MacCormick (Verts/ALE) to the Commission. Short sea crossings.
Date: 2000-10-20
Institutions: European Parliament, Provisional data
Subjects: Scotland, common transport policy, ferryboat, maritime transport, services of general interest

C 151 E/110

Official Journal of the European Communities

EN

22.5.2001

Answer given by Mr Byrne on behalf of the Commission

(12 December 2000)

The aim of the butter fraud to which the Honourable Member refers was to obtain Community subsidies
unlawfully. The investigations into this fraud are being conducted by the Member States(cid:146)
judicial
authorities together with the European Anti-Fraud Office (OLAF).

When the fraud was exposed on 5 July 2000, the press release by the public prosecutor in Naples raised
the question of a health risk.

The Commission immediately endeavoured to collect information concerning a potential risk of this kind.
The early warning system was used to inform all Member States of the situation and to ask the Member
States concerned for the results of tests carried out. This question of health risks was also discussed at a
coordination meeting between the Belgian and Italian authorities on 14 July 2000, in the presence of
Commission representatives. Following this meeting, the Italian and Belgian authorities asked for an
assessment by toxicologists. The results submitted to date indicate that there were no chemical compounds
which could present a health risk, such as polychlorobiphenyls (PCB), organo-chlorine compounds or
heavy metals.

It was established in the investigation conducted by the Italian authorities that some of the allegedly
adulterated butter was used to make butter for pastry-making and some was intended for export, with
Community aid payments being made in both cases. OLAF has stated that it knows the names of the
companies which bought the products from Italy and that it has not been finally established that any of
them were involved in the fraud. The names of the firms are kept secret due to the confidentiality of
investigations, in accordance with national criminal law and the confidentiality and data-protection rules
which apply to OLAF and the Commission.

OLAF has indicated that the final destination of the products is still being investigated by the national
authorities in collaboration with OLAF itself. The Commission notes that the question of withdrawing the
products from the market is the responsibility of the Member States, which have been fully informed of
the provisional results of the investigation.

This incident illustrates that traceability throughout the chain of production and distribution of food
products is essential and that the role and responsibilities of economic operators need to be defined more
clearly. The Commission highlighted this point in the White Paper on Food Safety, adopted on 12 January
2000 (1). Proposals to this effect have been submitted to Parliament and the Council as part of the revision
of food safety legislation. The role of Member States(cid:146) monitoring authorities is fundamental in this respect.

OLAF (ex-UCLAF) had informed the Italian authorities of its suspicions at the beginning of 1999 and had
been asked to cooperate with the police and judicial authorities. It is thanks to the investigative powers
available to the judicial authorities that the fraud was exposed.

(1) COM(1999) 719 final.

(2001/C 151 E/123)

WRITTEN QUESTION E-3243/00

by Neil MacCormick (Verts/ALE) to the Commission

(20 October 2000)

Subject: Short sea crossings

My previous question (Oral Question QH-0699/00) (1) concerning ferries to peninsulas in Scotland was
directed at two routes in particular. Will the Commission confirm that its answer to my question is also in
principle applicable to routes linking Gourock with Kilcreggan and with Helensburgh?

(1) Written reply of 6 September 2000.

22.5.2001

EN

Official Journal of the European Communities

C 151 E/111

Answer given by Mrs de Palacio on behalf of the Commission

(1 December 2000)

As the Honourable Member is aware, the Commission has been having discussions with the Scottish
Executive on bringing the routes currently operated by CalMac into conformity with Community law and
in particular, Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of
freedom to provide services to maritime transport within Member States (maritime cabotage) (1) and the
Community guidelines on State aid to maritime transport (2). Since two of these routes, Gourock/Dunoon
and Tarbert/Portavadie, are mainland to mainland, the Commission requested detailed information about
the services provided on these routes and the very particular nature of the locations served. As the
Commission(cid:146)s reply to the Honourable Member(cid:146)s Oral Question H-0699/00 given at Parliament(cid:146)s September
2000 Parliament session (3) noted, the evidence provided suggested that these two services could be
regarded, for the purposes of Article 4 of Council Regulation (EEC) No 3577/92, as being in a similar
situation as regular services with (or between) islands due to the overland alternative either not being a
realistic option or being prohibitively long.

Since the service from Gourock to Helensburgh via Kilcreggan is provided by the local authority rather
it has not yet been the subject of close examination by the Commission. However,
than CalMac,
information has been requested from the Scottish Executive on those maritime services not provided by
CalMac, such as Gourock/Kilcreggan/Helensburgh, which may currently operate under public service
obligations. When this information is available, the Commission will be in a position to take a view on
this particular route.

(1) OJ L 364, 12.12.1992.
(2) OJ C 205, 5.7.1997.
(3) Debates of the European Parliament (September 2000).

(2001/C 151 E/124)

WRITTEN QUESTION E-3245/00

by Neil MacCormick (Verts/ALE) to the Commission

Subject: Orphan funds held by life assurance companies

(20 October 2000)

Has the Commission studied the problem of (cid:145)orphan funds(cid:146) held by life assurance companies? Does the
Commission consider that the possible abuse of such funds would be inconsistent with the rights of the
consumers of financial services products throughout the Union?

If so, what action does the Commission propose to take to ensure there is no misappropriation of orphan
funds for the benefit of company shareholders and at the expense of policyholders?

Answer given by Mr Bolkestein on behalf of the Commission

(4 December 2000)

The so-called (cid:145)orphan funds(cid:146) refer to the amount of assets in a life fund in excess of what an insurance
undertaking must set up in order to ensure its contractual commitments. This amount is calculated on
prudent assumptions in order to meet the reasonable expectations of policyholders. National insurance
supervisory authorities monitor the financial soundness of insurance undertakings, in particular whether
the contractual commitments of the insurer are covered by adequate and sufficient technical provisions.
Such technical provisions are represented by investments of the insurer in specific categories of assets.

Council Directive 92/96/EEC of 10 November 1992 on the coordination of
laws, regulations and
administrative provisions relating to direct life assurance and amending Directive 79/267/EEC and 90/