WRITTEN QUESTION E-1333/03 by Cristiana Muscardini (UEN) to the Commission. Unlawful charging of commission by banks.
Date: 2003-04-09
Institutions: European Parliament, Provisional data
Subjects: application of EU law, bank charges, consumer protection, free movement of capital, law of banking

6.2.2004

EN

Official Journal of the European Union

C 33 E/105

Answer given by Mr Vitorino on behalf of the Commission

(15 May 2003)

The Honourable Member raises the point that United Kingdom citizens having been living abroad for more
than 15 years lose their right to vote in the United Kingdom.

The Commission refers first the Honourable Member to its answer to Written Question E-1301/02 from
Mr Michael Cashman (1), and confirms that Community law guarantees only that every Union citizen has
the right to vote and stand as a candidate at elections to the European Parliament and at municipal
elections in the Member State in which he resides, under the same conditions as nationals of that State.
The right to vote of own nationals of a Member State in elections of that Member State belongs fully to
the competence of the Member States, independent whether those citizens reside in its territory or outside
of its territory, as explicitly confirmed in the relevant Directives 93/109/EC (2) and Directive 94/80/EC (3).

(1) OJ C 92 E, 17.4.2003.
(2) Council Directive of 93/109/EC of 6 December 1993 laying down detailed arrangements for the exercise of the
right to vote and stand as a candidate in elections to the European parliament for citizens of the Union residing in a
Member State of which they are not nationals, OJ L 329, 31.12.1993.

(3) Council Directive of 94/80/EC of 19 December 1994 laying down detailed arrangements for the exercise of the
right to vote and stand as a candidate in municipal elections by citizens of the Union residing in a Member State of
which they are not nationals, OJ L 368, 31.12.1994.

(2004/C 33 E/106)

WRITTEN QUESTION E-1333/03

by Cristiana Muscardini (UEN) to the Commission

(9 April 2003)

Subject: Unlawful charging of commission by banks

Despite the entry into force of the euro and Regulation (EC) No 2560/2001 (1) of the European Parliament
and of the Council of 19 December 2001 on cross-border payments in euro, banking institutions and
banks in general continue to charge commission for both transfers and the depositing of cheques from the
various European countries.

The Belgian Post Office still uses the phrase ‘from abroad’ when notifying bank transfers from other
European countries.

This constitutes an extra burden and inconvenience for the general public, especially immigrants, who are
often obliged to make trans-national payments and transfers. Can the Commission say:

(cid:1) whether it can take steps to ensure that transfers between Member States of the euro zone are defined

as ‘from the Union’ and ban the phrase ‘from abroad’;

(cid:1) whether the charging of this kind of commission by banks is compatible with current European

legislation;

(cid:1) how it intends to tackle any infringement of the Regulation which may be ascertained;

(cid:1) how it intends to regulate, for transfers and cheques from the Member States of the Union, the levying

of charges equal to those levied for transfers and cheques within a country?

(1) OJ L 344, 28.12.2001, p. 13.

C 33 E/106

Official Journal of the European Union

EN

6.2.2004

Answer given by Mr Bolkestein on behalf of the Commission

(4 June 2003)

Regulation (EC) No 2560/2001 of the European Parliament and of the Council of 19 December 2001 on
cross-border payments in euro establishes the principle of equal charges between strictly national payments
and cross-border payments in euro within Community territory. For electronic payments, the Regulation
entered into force on 1 July 2002. It will apply to transfers as of 1 July 2003. However, the principle of
equal charges does not apply to cheques because the legislator took the view that cheques have no future
as a method of cross-border payment.

During the first half of 2003 cross-border payments in euro will therefore continue to attract higher
charges than national transfers. This will change in July. Nothing will change as regards cheques, however:
the banking community is setting up a policy to deter cheque use which consists in either raising charges
further or stopping issuing cheques altogether.

By end-2002 a number of cases of non-compliance had been brought to the Commission’s attention. It
immediately contacted the various national authorities responsible for implementing the Regulation as per
Article 7, and the problems were quickly resolved. The banks in question did not dispute that mistakes had
been made either in printing documents (uncorrected lists of charges) or in applying charges to certain
type of payment.

The Commission will of course continue to monitor the correct implementation of Regulation (EC)
No 2560/2001 in accordance with the powers conferred on it by the Treaty.

(2004/C 33 E/107)

WRITTEN QUESTION P-1344/03

by Charles Tannock (PPE-DE) to the Commission

(3 April 2003)

Subject: Eurodac and data protection

The Eurodac system of fingerprinting which was agreed by the European Union two years ago has finally
been introduced as part of an attempt to ensure that those claiming asylum in one EU Member State do
not, having gained entry to the Union, subsequently ‘shop around’ for asylum status in other Member
States.

There are reports, however, that the information contained on the Eurodac files will not be available to the
police forces of Member States but only to the immigration authorities under certain conditions because of
the EU Data Protection laws. Are these reports correct, and, if so, which provisions specifically exclude
information on non-EU citizens from being passed to national police forces?

Finally, if the police needed information on the identity or movement of suspected terrorists is it correct
that the Eurodac information would be denied to them, and, if so, how is that consistent with the need to
protect our citizens, the fight against terrorism or our international obligations to fight terrorism?

Answer given by Mr Vitorino on behalf of the Commission

(4 June 2003)

As the Honourable Member is aware, the Eurodac system for comparing the fingerprints of asylum
applicants was set up by Council Regulation (EC) No 2725/2000 of 11 December 2000 (1) for the sole
purpose of enabling the Dublin Convention to be efficiently applied (2).