WRITTEN QUESTION P-2173/01 by Helena Torres Marques (PSE) to the Commission. The internal market and the euro area credit card system.
Date: 2001-07-12
Institutions: European Parliament, Provisional data
Subjects: bank charges, electronic money, financial institution, freedom to provide services, law of banking, single market

14.2.2002

EN

Official Journal of the European Communities

C 40 E/207

Answer given by Mr Liikanen on behalf of the Commission

(3 October 2001)

Concerning the potential risks of the products in question, the Commission would refer the Honourable
Member to the Commission replies to Written Questions E-2479/97 by Mr Whitehead (1), E-3085/97 by
Mr ApolinÆrio (2), E-3813-97 by Mr Graenitz (3), E-2630/00 by Mr Moreira da Silva (4), E-2631/00 by
Mrs Damiªo (4) and E-2632/00 by Mr Lage (4), and to the result of Petition No 280/99 on the subject of
toys contained in foodstuff.

The products in question are not specifically covered by Council Directive 88/378/EEC of 3 May 1988 on
the safety of toys (5), although Council Directive 92/59/EEC of 29 June 1992 on General Product Safety (6)
is applicable in relation to possible risks.

According to the case law of the Court of Justice, in the absence of harmonisation of legislation, national
measures restricting the imports of certain products, including also those applying to all products without
distinction, are prohibited by article 28 (ex Article 30) of the EC Treaty unless they can be justified by a
public-interest objective taking precedence over the free movement of goods and are proportionate to that
objective. This implies that the principle of mutual recognition must be complied with.

Any measures related to the products in question should therefore be examined in the light of the
assessment of the risks posed and the principles mentioned above.

As legislation passed last year in Portugal failed to comply with the principle of mutual recognition, the
Commission initiated infringement proceedings against that Member State. As a result, Portugal is not
enforcing that legislation and has notified draft legislation intended to put it in line with Community law.
The Commission, which has also had the occasion to examine similar measures proposed by Greece, has
considered, on the basis of the justifications presented to it, that they were not proportional to the declared
objectives.

(1) OJ C 82, 17.3.1998.
(2) OJ C 102, 3.4.1998.
(3) OJ C 196, 22.6.1998.
(4) OJ C 136 E, 8.5.2001.
(5) OJ L 187, 16.7.1988.
(6) OJ L 228, 11.8.1992.

(2002/C 40 E/222)

WRITTEN QUESTION P-2173/01

by Helena Torres Marques (PSE) to the Commission

Subject: The internal market and the euro area credit card system

(12 July 2001)

The commission charged for the use of credit cards continues to operate on a country-by-country basis.

When is the Commission going to propose legislation designed to create a single market in this field,
thereby enabling businesses which establish contracts with credit card issuers (VISA, Mastercard, etc.) to do
so where it is most advantageous for them and not compulsorily in their own country, as is currently the
case?

As an example, an Accord group hotel in France has agreed a rate of less than 1 % with VISA, whereas in
Portugal the rate is 5 %. How does the internal market function in this area?

What we are concerned with here is the full range of goods and services which are paid for by credit card
and the major impact which this matter has on the inflation rate, consumers(cid:146) purchasing power and, in
particular, the profits of SMEs.

C 40 E/208

Official Journal of the European Communities

EN

14.2.2002

Answer given by Mr Bolkestein on behalf of the Commission

(21 September 2001)

the single market and the single currency,

After
their essential
accompaniment, the single payments area, must be established. Within such an area any payment in
euros would be treated like any similar domestic or cross-border transaction. With this aim in mind, the
Commission adopted on 25 July 2001 a proposal for a Parliament and Council directive on cross-border
payments in euros (1). The proposal stipulates in particular that charges levied by retailers for cross-border
card payments must not be higher than those levied on domestic card payments.

the Commission considers

that

On the specific issue raised by the Honourable Member concerning relations with credit card issuers, the
Commission would point out that the rules applied by the VISA and Eurocard-MasterCard networks now
allow banks to sign up businesses in another Member State (including businesses whose sales outlets are
located in a single Member State).

(1) COM(2001) 439 final.

(2002/C 40 E/223)

WRITTEN QUESTION E-2176/01

by Avril Doyle (PPE-DE) to the Commission

(19 July 2001)

Subject: EU Convention on Human Health and Biomedicine

With regard to the EU Convention on Human Health and Biomedicine, concluded on 4 April 1997 in
Oviedo, Spain, could the Commission please indicate which countries have not yet
ratified that
Convention? Could it also indicate the date on which those countries who have signed the aforementioned
Convention, ratified it?

Answer given by Mr Patten on behalf of the Commission

(17 September 2001)

The Oviedo Convention is a Council of Europe initiative, which has been signed and ratified by the
following Member States:

Member State

Signed

Ratified

Denmark

Greece

Spain

France

Italy

Luxembourg

Netherlands

Portugal

Finland

Sweden

4 April 1997

4 April 1997

4 April 1997

4 April 1997

4 April 1997

4 April 1997

4 April 1997

4 April 1997

4 April 1997

4 April 1997

10 August 1999

6 October 1998

1 September 1999

1 September 1999

1 September 1999

1 September 1999

1 September 1999

13 August 2001

13 August 2001

13 August 2001

Austria, Belgium, Germany,
Convention.

Ireland and the United Kingdom have neither signed nor ratified the