WRITTEN QUESTION E-0652/01 by Cristiana Muscardini (UEN) to the Commission. Common policy with regard to credit and loans granted at exorbitant rates.
Date: 2001-03-06
Institutions: European Parliament, Provisional data
Subjects: Italy, banking, competence of the Member States, consumer protection, infringement of EU law, interest, loan

4.12.2001

EN

Official Journal of the European Communities

C 340 E/59

(2001/C 340 E/067)

WRITTEN QUESTION E-0651/01

by Bart Staes (Verts/ALE) to the Council

(8 March 2001)

Subject: Prosecution of citizens from the Veneto region for unlawful defence of a criminal act who showed

solidarity with the group which occupied the San Marco bell tower in 1997

A group of citizens from the Veneto region who, in the Cartura area in 1997, peacefully demonstrated
their solidarity with a group called the (cid:145)Serenissimi(cid:146) which occupied the San Marco bell tower in Venice as
a protest, will be put on trial
in the next few days in the Padua courts for the unlawful defence of
a criminal act.

According to the state prosecutor, the accused are responsible for displaying placards claiming that the so-
called (cid:145)Serenissimi(cid:146) were (cid:145)heroes(cid:146) and (cid:145)patriots(cid:146), and as a result they risk being found guilty of a crime which
could result in them being sent to prison.

This criminal prosecution is, in reality, a trial of the peacefully voiced ideas of citizens of a Member State
of the European Union and constitutes a breach of the right to free speech enjoyed by all individuals.

Does the Council not consider that the action taken by the Italian judicial authorities is in breach of one of
the most basic of human rights and the right to free speech, as enshrined in the Treaty, international
instruments governing human rights and the European Union Charter of Fundamental Rights?

Reply

(13 July 2001)

The Council would like to inform the Honourable Member of
the
maintenance of law and order as well as the safeguarding of internal security is a responsibility incumbent
upon the Member States which is not affected by Title VI of the Treaty on European Union.

the European Parliament

that

(2001/C 340 E/068)

WRITTEN QUESTION E-0652/01

by Cristiana Muscardini (UEN) to the Commission

(6 March 2001)

Subject: Common policy with regard to credit and loans granted at exorbitant rates

The Commission is undoubtedly aware of the dispute in Italy between the banks and consumer protection
associations, sparked off by a number of judgments delivered by the courts allowing consumers to apply to
their banks for the reimbursement of monies, on the grounds that banks have been guilty of charging
compound interest (a perverse mechanism enabling rising interest rates to be charged on current account
overdrafts) and offering loans at fixed rates only then often to apply interest rates above those considered
to be usurious and therefore illegal under a law of 1996.

The attempts at mediation made by the government have not yet been sufficient to reassure citizens who
are starting to wonder whether the Italian banking system is means of effecting legalised theft and whether
it really is part of the European monetary zone.

Can the Commission say:

1. Whether it considers the two systems referred to above, as operated by the Italian banks, to be

compatible with membership of the Euro zone;

2. Whether the European Central Bank has competence in this area;

3. Whether it considers that the situation described above, involving disproportionate interest rate rises,
constitutes a barrier to competition for undertakings that are forced to take out loans to fund
investment aimed at ensuring growth;

C 340 E/60

Official Journal of the European Communities

EN

4.12.2001

4. What institution should take action in order to prevent Italian firms, who are being charged these

rates, from being disadvantaged compared with their European competitors;

5. What steps it intends to take in order to ensure that such systems cannot be operated in Italy or the

other Member States?

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2001)

The Commission already stated in its answers to Parliamentary Questions P-4157/00 (1) and P-0118/01 (2)
by Mr Nobilia that the definition of usury rates in Italy in relation to the interest rates applied by banks is
the subject of a complaint by Associazione Bancaria Italiana (ABI), Associazione Italiana Banche Estere
(AIBE) and the European Banking Federation (EBF). The Commission gave the Italian Government until
20 February 2001 to present its observations, but this was extended by one month to take account of the
parliamentary process for the conversion of Decree-Law No 394 of 29 December 2000 so that the
question could be examined in detail, with due regard for the new provisions of conversion Law No 24
approved on 28 February 2001. Once the Commission has analysed the observations of the Italian
Government, it should be in a position to carry out an in-depth assessment of usury-related practices by
the Italian banks with reference also to the matters raised by the Honourable Member.

It must, however, be pointed out from the outset that the definition of the crime of usury and of the
parameters for determining the interest rates charged are matters of criminal law and are the responsibility
of the individual Member States. The Community institutions act in this area, on a case by case basis, only
to the extent that national measures are contrary to the principles of Community law.

In general, as regards interest rates charged by banks, the Commission bases its action on the principle of
an economic policy which is founded on the internal market and conducted in accordance with the
principles of an open and competitive market economy. It is thus up to each credit institution to formulate
in
its own commercial policy on the basis of its assessment of the market and the risks involved,
accordance with the provisions applicable, especially the rules on competition and the principles of
transparent transactions.

As regards the problem of compound interest, the Commission has responded to a complaint from an
Italian consumers association by launching a survey to determine whether the EC Treaty rules on
competition have been infringed.

(1) OJ C 174 E, 19.6.2001, p. 241.
(2) OJ C 187 E, 3.7.2001, p. 190.

(2001/C 340 E/069)

WRITTEN QUESTION E-0657/01

by Helmuth Markov (GUE/NGL) to the Commission

Subject: Operational programmes for the Land of Thuringia

(6 March 2001)

When was the operational programme (OP) for 2000-2006 for Thuringia submitted to the Commission
for confirmation?

Did the Commission make any additional requests (if so, how many) to complement the information
contained in the OP?

When did the Land government last provide complementary information on the OP?

When, in the Commission(cid:146)s opinion, was the programme ready for confirmation?