WRITTEN QUESTION P-0840/01 by Christopher Huhne (ELDR) to the Commission. Securities Committee and national legislation.
Date: 2001-03-13
Institutions: European Parliament, Provisional data
Subjects: EU Member State, delegation of power, financial legislation, legislative-executive relations, national law, parliamentary scrutiny, securities

C 318 E/132

Official Journal of the European Communities

EN

13.11.2001

The Commission is (a) working on bringing together all of the most reliable information on the existence
and extent of organised environmental crimes and (b) it will encourage the Member States, as part of
police and judicial cooperation (Title VI of the EU Treaty) to back up the proposal for a Directive by
adequate action, and more particularly to lay down the minimum rate of minimum penalties incurred in
all of the Member States and to make it easier to extradite eco criminals from one Member State to
another.

(1) OJ L 194, 25.7.1975.
(2) European Court of Justice, Case C-365/97 (cid:129) S. Rocco.
(3) OJ L 135, 30.5.1991.
(4) COM(2001) 31 final.
(5) Cf. p. 15 of the sixth programme.
(6) COM(2001) 139 final.

(2001/C 318 E/140)

WRITTEN QUESTION P-0840/01

by Christopher Huhne (ELDR) to the Commission

Subject: Securities Committee and national legislation

(13 March 2001)

In the context of the recent proposals for a Securities Committee by the Lamfalussy Group of Wise Men,
will the Commission list those Member States in which there is a provision for secondary, implementing or
delegated legislation at the level of national
it describe the system of
parliamentary oversight in each case?

legislatures, and secondly, will

Will it in particular state whether the legislature enjoys the right to reject regulations adopted by the
authorised committee either under a positive or negative resolution procedure (i.e. voting to accept
regulations, or voting against regulations that have been laid down)?

Answer given by Mr Bolkestein on behalf of the Commission

(26 April 2001)

The Commission has not carried out any study in an official capacity but the information that it currently
legislative
possesses on national
systems provide for delegation of some kind.

legislation in the field of securities indicates that all Member States(cid:146)

This delegation of powers is usually derived from the main framework legislation approved by the national
Parliaments and may be granted to:

(cid:129) the Government (e.g. Belgium, Spain and France);

(cid:129) the Ministry of Finance (e.g. Spain, Luxembourg, Austria and Finland);

(cid:129) the independent national supervisory authorities (e.g. the Comisi(cid:243)n Nacional del Mercado de Valores

in Spain, the Consob in Italy and the Financial Services Authority in the United Kingdom).

In some cases, the framework legislation gives the Government/Ministry of Finance the right to delegate
subsequently to the independent national supervisory authorities (e.g. the Commission des OpØrations de
Bourses in France, the Comisi(cid:243)n Nacional del Mercado de Valores in Spain).

The legal texts approved by governments, ministries or national supervisory authorities according to this
delegation of powers are usually mandatory and come into effect after publication.

The type of parliamentary oversight varies across Member States and also according to whom the power is
delegated.

The power to oversee the exercise of delegated powers varies across the Member States.

13.11.2001

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Official Journal of the European Communities

C 318 E/133

Member States(cid:146) legislative systems provide the possibility for national Parliaments to delegate powers to the
executive and/or to the regulators. In these cases, the national Parliaments are entitled, in general, to verify
that the exercise of those delegated powers does not exceed the scope decided in the original legislative act
approved by the Parliament. Member States do this in a range of different ways.

In some cases, the exercise of these delegated powers requires that the Government/Ministry of Finance or
the independent national supervisory authorities follow a fixed procedure (e.g.
in Spain, the Advisory
Committee of the Comisi(cid:243)n Nacional del Mercado de Valores has to report on the draft proposals prepared
by the Government, the Ministry of Finance and the Comisi(cid:243)n Nacional del Mercado de Valores to ensure
that third parties interested in the issue have been consulted in the process). Compliance with these
requirements is also overseen by the respective Parliaments.

In Belgium and France, for example, the Securities Commissions may receive delegated powers from the
government. Decrees adopted in execution of these powers need formal approval by the Ministry of
Finance in order to come into force.

(2001/C 318 E/141)

WRITTEN QUESTION E-0844/01

by Malcolm Harbour (PPE-DE) to the Commission

Subject: National insurance contributions in EU Member States

(22 March 2001)

Is the Commission aware that, should a UK citizen travel to another EU country, he/she is not entitled to
reciprocal healthcare as in the UK without proof of payment of UK National Insurance? Consequently,
a different form is required for every country visited by a UK citizen that creates a situation of excessive
bureaucracy.

Could the Commission indicate:

1. Why this situation has been allowed to occur?

2. Whether, in future, British citizens may expect to be able to travel on business with a single document

within the single market?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 May 2001)

The Honourable Member raises a question concerning the right to health care for residents of the United
Kingdom while on a temporary stay in another Member State. The question implies that the right to
receive benefits would depend on the payment of National Insurance Contributions and that a different
form is required for every Member State visited.

The role of Community law in the field of social security and more precisely the right to health care is as
follows. Under Regulations (EEC) No 1408/71 and (EEC) No 574/72 (1), which are the Community(cid:146)s legal
instruments for the co-ordination of Member States(cid:146) social security systems, the main principle is that
a person covered by the provisions of these regulations is entitled to receive medical care in the Member
State where he or she resides in accordance with the provisions of the legislation in that Member State.
However,
if during a temporary stay in another Member State the need for treatment arises, persons
covered by the above-mentioned regulations as employed or self-employed persons have a right to receive
emergency care as necessary while pensioners have a right to receive treatment appropriate to their
condition without this limitation.

The Community provisions on social security offer significant protection to European citizens moving
within the Community, in particular to persons staying temporarily outside the Member State where they
are insured. Normally it is the Member State where the person is insured which has to bear the cost of the
treatment and reimburse the institution of the place of stay.