WRITTEN QUESTION E-1926/03 by Roberto Bigliardo (UEN) to the Commission. Prefix 709.
Date: 2003-06-13
Institutions: European Parliament, Provisional data
Subjects: Internet access provider, Italy, consumer protection, telecommunications industry, unfair terms of contract

13.3.2004

EN

Official Journal of the European Union

C 65 E/103

Can the Commission state when, by whom, and in what form the Secretary-General of the Commission
was informed that OLAF had called in the Paris judiciary?

Can the Commission state when, by whom, and in what form the President of the Commission was
informed?

Can the Commission further state when, by whom, and in what form the Vice-President responsible for
disciplinary matters, the anti-fraud Commissioner, and the Commissioner responsible for Eurostat were
informed?

Answer given by Mrs Schreyer on behalf of the Commission

(4 September 2003)

Those questions were already discussed during the Budgetary Control Committee (Cocobu) meeting on
17 June 2003, but the Commission nevertheless wishes to give a precise answer to all the questions raised
by the Honourable Member.

In accordance with Article 4, first paragraph of Commission Decision 1999/396/EC, ECSC, Euratom of
2 June 1999 concerning the terms and conditions for internal investigations in relation to the prevention
interests (1), conclusions
of fraud, corruption and any illegal activity detrimental to the Communities’
referring by name to a Member, official or servant of the Commission may not be drawn once the
investigation has been completed without the interested party’s having been given the opportunity to
express his views on all the facts which concern him. To date, the Commission understands that the OLAF
investigation has not yet been completed. Article 4 of the Commission Decision of 2 June 1999 does not
require officials to be heard in such circumstances as when the elements were sent to the Paris Prosecutor.
The Commission has been informed by the European Anti-Fraud Office (OLAF) on 12 May 2003 that
what was sent was related only to the external part of the enquiry.

OLAF first informed the Commission (Secretary General) about the existence of an enquiry on the
Datashops on the 3 April 2003 without giving any details on the substance of its findings. OLAF specified
that officials might be involved, without imparting their names, that information on the enquiry should be
withheld from the interested parties in order to maintain absolute secrecy to protect the enquiry and that
the dossier had been brought before the public prosecutor in Paris. Any decision to defer the hearing
involving the officials concerned was therefore taken by OLAF under the powers granted to the Office by
the Regulation.

On 22 April 2003, OLAF asked the Legal Service to file a claim against X with the Prosecutor’s Office in
Paris with the objective to obtain redress for the full amount of the financial loss. OLAF sent a copy of this
communication to the Secretary General on 8 May 2003.

On 29 April 2003, the Secretary general informed, in confidence, the Head of the President’s cabinet about
the elements known to him at the time.

On 14 May 2003, the Secretary General informed the Heads of Cabinet of Messrs Prodi, Kinnock, Solbes
and of Mrs Schreyer, as well as the head of the Legal Service, as OLAF had stated on 12 May 2003 that
the Secretary General could now use the information supplied to him. The Heads of Cabinet informed
their Commissioners on the same day.

(1) OJ L 149, 16.6.1999.

(2004/C 65 E/116)

WRITTEN QUESTION E-1926/03

by Roberto Bigliardo (UEN) to the Commission

(13 June 2003)

Subject: Prefix 709

In Italy telephone bills for Internet connections with the prefix 709 (connections at an extra charge not
covered by service contracts) are ruining many families.

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Official Journal of the European Union

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13.3.2004

they have never knowingly made Internet connections using this prefix.
Many users claim that
The connections go through an automatic dialer which can disconnect the user’s normal connection and
automatically link the user’s modem to the computer or server of an Internet service provider which
charges for access. The providers concerned have their administrative, fiscal and logistical headquarters
outside Italy.

Users only become aware of this connection when they receive the bill.

In view of the above, can the Commission say:

1. whether it is aware of this situation;

2. whether it is able to take action to ensure that Telecom Italia subscribers who have not been informed

of these measures do not have to pay the relevant charges;

3. whether it can take action to ensure that telephone providers insert in their contracts a clause
requiring the user’s written consent to the provision of any service for which there is an extra charge
in addition to the Internet contract, particularly in order to protect financially vulnerable sections of
the population?

Answer given by Mr Liikanen on behalf of the Commission

(23 July 2003)

The matters raised by the Honourable Member concern the cost of access to Internet using the prefix 709,
which is charged without the consent of the subscriber; it seems that the service is provided outside the
standard contract conditions agreed by the subscriber and the service provider.

1.
The Italian press reported on this matter (source: Il Sole 24 Ore, 14 June 2003). In mid-June 2003
the Italian Postal and Communications Police sanctioned four telecoms operators following receipt of high
number of complaints from subscribers (about 25 000). The amount of fines imposed on the four
operators is about EUR 860 000 in total (source: press release of Postal Police).

As reported above, the matter has already been dealt with at national level. Furthermore, in response
2.
to a request from a consumer association, Telecom Italia (TI) is blocking the payment of services related to
access to Internet using the prefix 709 in the event the subscriber denounces charges related to access to
Internet which are not foreseen in the standard contract signed with the operator. TI has agreed to refund
customers who have already paid the charges in question, which were included in their telephone bills.
In the revision of the numbering plan, which is being finalised, the national regulator AGCOM is
envisaging taking appropriate measures. This might include setting out an upper threshold for total
charges to be paid for these kind of services. It would appear in the light of the above that appropriate
action has been taken at national level.

tariffs and conditions. From the point of view of sectoral

3.
Finally, it should be noted that, in general terms, the requirements of Council Directive 93/13/EEC of
5 April 1993 on unfair terms in consumer contracts (1) would apply, notably as regard transparency of
prices,
the ‘Universal Service
Directive’ (2) will be applied with effect from 25 July 2003. However, this Directive does not provide for an
obligation to conclude a contract for the provision of access to Internet, but does prescribe, if contracts are
concluded, that the services provided and particulars of prices and tariffs must be included. Therefore,
telecoms law does not appear to provide the possibility for the Commission to request the insertion in
contracts of the terms referred to in the Honourable Member’s question. However, the Commission would
like to draw the attention of the Honourable Member to the fact that it adopted on 18 June 2003 a
proposal for a Directive on unfair Commercial Practices (3). This Directive would in particular tackle the
issue of ‘misleading’ and ‘aggressive’ practices. Concerning ‘misleading’ practices, the duty imposed on
businesses is not to omit ‘material’ information which the average consumer needs to make an informed
transactional decision where this information would not be apparent from the context.

legislation,

(1) OJ L 95, 21.4.1993.
(2) Directive 2002/22/EC of the Parliament and of the Council of 7 March 2002 on universal service and users’ rights

relating to electronic communications networks and services, OJ L 108, 24.4.2002.

(3) COM(2003) 356 final.