WRITTEN QUESTION E-3458/01 by Rosa Díez González (PSE)and Luis Berenguer Fuster (PSE) to the Commission. SMEs and credit cards.
Date: 2002-01-04
Institutions: European Parliament, Provisional data
Subjects: competition policy, electronic money, financial legislation, financial transaction, small and medium-sized enterprises, trade regulations

18.7.2002

EN

Official Journal of the European Communities

C 172 E/63

down minimum standards of protection and means of enforcement. TRIPS is a crucial to helping exporters
defend their interests.

(1) COM(2001) 416 final.
(2) OJ L 346, 31.12.2001.
(3) OJ L 341, 30.12.1994.
(4) OJ L 27, 2.2.1999.
(5) COM(2000) 789 final.

(2002/C 172 E/066)

WRITTEN QUESTION E-3438/01

by Alexander de Roo (Verts/ALE) to the Commission

(21 December 2001)

Subject: Compliance with?essential requirements’ with regard to packaging

One of the few ‘essential requirements’ laid down in the Packaging Directive stipulates that the use of
heavy metals in packaging materials must be restricted to the minimum adequate amount. However, in the
Netherlands, the Environmental Hygiene Inspectorate does not monitor compliance with that requirement,
which is not seen as a priority. The upshot is that packaging materials with an excessively high chromium
content are on the market in the Netherlands.

Is the Commission aware of this state of affairs? If so, will it call the Netherlands Government to account
over its failure to ensure compliance with the ‘essential requirements’?

Answer given by Mrs Wallström on behalf of the Commission

(6 February 2002)

Article 9 of Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and
packaging waste (1) requires Member States to ensure that from 31 December 1997, packaging may be
placed only on the market if it complies with all essential requirements defined by the Directive, including
Annex II. One of these requirements is for packaging to be manufactured in such a way that the presence
of noxious and other hazardous substances and materials as constituents of the packaging material or of
any of the packaging components is minimised with regard to their presence in emissions, ash or leachate
when packaging or residues from management operations or packaging waste are incinerated or landfilled.
In addition, Article 11 of the Directive places an obligation on Member States to ensure that the sum of
concentration levels of
in packaging or
packaging components does not exceed 100ppm (from 30 June 2001).

lead, cadmium, mercury and hexavalent chromium present

The Commission is currently not aware of cases of non-compliance to these requirements. However, the
Commission will question the Dutch authorities regarding their obligations under Articles 9 and 11 of
Directive 94/62/EC.

(1) OJ L 365, 31.12.1994.

(2002/C 172 E/067)

WRITTEN QUESTION E-3458/01

by Rosa Díez González (PSE)
and Luis Berenguer Fuster (PSE) to the Commission

(4 January 2002)

Subject: SMEs and credit cards

The conflict between businesses and the banks issuing credit cards has flared up in Spain once again,
because of the high levels of commission charged by the banks,

C 172 E/64

Official Journal of the European Communities

EN

18.7.2002

In these circumstances Commissioners Monti and Solbes have taken steps to remedy abuse in this sector,
which affects a number of countries, but above all Spain, where commission averages 3,5 %, the highest
level among the EU Member States.

What steps will the Commission consider taking to put an end to the wrongful practices of banks issuing
credit cards?

Answer given by Mr Monti on behalf of the Commission

(4 February 2002)

The Commission is currently dealing with a complaint introduced under the European competition rules
by EuroCommerce, a European confederation of
the existence of
interchange fees in various payment card systems. Interchange fees are wholesale payments between the
two banks involved in the processing of a payment card transaction, which have repercussions on the fees
charged by banks to retailers for card acceptance. The complaint concerns interchange fees for both cross-
border payments and domestic payments within Member States.

retailers’ organisations, against

The Commission is considering in the first instance interchange fees for cross-border card payments, as
these clearly have an appreciable effect on trade between Member States. In the absence of an appreciable
effect on inter-state trade, national competition authorities are competent to examine alleged restrictions of
competition under national competition law. Moreover, the Commission also had, before the introduction
of
their international
interchange fees.

the complaint, notifications from international payment card organisations of

The first such case is the notification from Visa International of its ‘intra-regional’ interchange fee, which
applies to cross-border Visa card payments within the Visa European zone. On this interchange fee the
Commission addressed a Statement of Objections to Visa International
in October 2000. However,
following proposals by Visa for reforms to its method for setting the level of its intra-regional interchange
fee, the Commission published a Notice in the Official Journal on 11 August 2001 (1),
indicating its
provisional intention to adopt a favourable position concerning the revised intra-regional interchange fee
of Visa.
In parallel, the complainant EuroCommerce was informed of the Commission’s provisional
intention to reject its complaint as concerns the intra-regional interchange fee of Visa, and was given the
opportunity to reply. A number of comments in reply to the Official Journal Notice, and a submission
from the complainant, were received. The Commission is considering these carefully, following which it
will proceed to a final decision on the intra-regional interchange fee of Visa International.

Subsequently, the Commission will consider other cross-border interchange fees of other international card
payment organisations, then it will consider the complaint against domestic interchange fees, including
that in Spain. However, for domestic card payments the Commission will first have to determine,
in
consultation with the national competition authorities as appropriate, whether such domestic fees affect
trade between Member States.

(1) OJ C 226, 11.8.2001.

(2002/C 172 E/068)

WRITTEN QUESTION E-3459/01

by Charles Tannock (PPE-DE)
and Theresa Villiers (PPE-DE) to the Commission

(4 January 2002)

Subject: The application of the Growth and Stability Pact

In Paragraph 1 of
‘The EU Economy 1999 Review’
(A5-0041/2000) the Parliament ‘Calls upon the Council, in setting the broad Economic Guidelines, to

the Report on the Commission document