WRITTEN QUESTION E-3094/03 by Harald Ettl (PSE) to the Commission. Mobbing in the workplace.
Date: 2003-10-20
Institutions: European Parliament, Provisional data
Subjects: EU action, employment policy, occupational health, occupational safety, psychological harassment, violence, workplace

20.3.2004

EN

Official Journal of the European Union

C 70 E/215

(2004/C 70 E/230)

WRITTEN QUESTION E-3085/03

by Bruno Gollnisch (NI) to the Commission

(20 October 2003)

Subject: Crédit Lyonnais / Executive Life

A US court is demanding that the Crédit Lyonnais bank pay a fine of USD 575 million for the allegedly
illegal takeover of an insurance company by a bank.

There are two possible views of this case.

Either the Crédit Lyonnais management are genuinely at fault.

Why then should the French authorities take on the personal responsibilities of the Crédit Lyonnais
management? Does the Commission, which has recently been so strict about restrictions on state aids,
consider it compatible with EU law that the French state (cid:1) and hence French taxpayers (cid:1) should pay 4/5
of the fine imposed on the bank?

Alternatively, the Crédit Lyonnais are not at fault. If this is the case, will the Commission, which no doubt
knew of the operation when the takeover actually took place, explain its present silence on the matter?
Will it also specify whether, in accordance with the reciprocity rule, US banks are prohibited from owning
more than 25 % of the capital of European insurance companies and, if so, what penalties are applied for
violation of this prohibition?

Answer given by Mr Monti on behalf of the Commission

(25 November 2003)

The Commission adopted the decisions concerning aid granted by France to the Crédit Lyonnais on
26 July 1995 and on 20 May 1998. The risk for the Crédit Lyonnais and for the French state of a
potential fine payment to the United States for the alleged mismanagement related to the take-over of the
Californian insurance company Executive Life in 1991 was already provisioned and taken into account in
the restructuring plan of the Crédit Lyonnais. When the Commission assessed the restructuring plan of the
Crédit Lyonnais, the French authorities provided the information on bad assets and risks. A special hive-off
vehicle, ‘Consortium de Réalisation’ (CDR), a hiving-off consortium for taking over the compromised assets
of Crédit Lyonnais, was set up in order to restructure the bank and return it back to viability. The risk
related to the take-over of the Californian insurance company Executive Life in 1991 represented a part of
hived-off assets.

Considering the above stated, the Commission is currently not assessing any State aid issue and legal
consequences of the acquisition of the Executive Life, which was carried out in 1991, since this issue was
taken into account in the decisions already adopted by the Commission.

(2004/C 70 E/231)

WRITTEN QUESTION E-3094/03

by Harald Ettl (PSE) to the Commission

(20 October 2003)

Subject: Mobbing in the workplace

The European Commission has frequently emphasised that it will draw up efficient policy measures to
combat the phenomenon known as ‘mobbing in the workplace’ and publish a Green Paper which will
include a detailed analysis, an action plan and a specific timetable.

What measures will the European Commission take in order to review the appropriateness and the scope
of a specific Community instrument concerning mobbing in the workplace?

C 70 E/216

Official Journal of the European Union

EN

20.3.2004

Answer given by Mrs Diamantopoulou on behalf of the Commission

(25 November 2003)

In its Communication entitled ‘Adapting to change in work and society: a new Community strategy on
health and safety at work 2002-2006’ (1),
it would ‘examine the
appropriateness and the scope of a Community instrument on psychological harassment and violence at
work’.

the Commission announced that

The Commission is currently compiling and analysing the information available in this area. The analysis
takes into account inter alia the legislative and/or regulatory initiatives adopted or planned in the Member
States.

Accordingly, Parliament’s resolution on harassment in the workplace (2) and the opinion on violence at
work adopted by the Advisory Committee on Safety, Hygiene and Health Protection at Work (3) will also
be taken into account.

On the basis of the above, the Commission plans, in the course of 2004, to consult the social partners on
the possible direction of Community action in this area, in accordance with Article 138 of the EC Treaty.

(1) COM(2002) 118 final.
(2) A5-0283/2001, 19.9.2001.
(3) COM(2003) 346 final.

(2004/C 70 E/232)

WRITTEN QUESTION E-3095/03

by Koldo Gorostiaga Atxalandabaso (NI) to the Commission

Subject: Basque Country’s recognition through repression

(20 October 2003)

In my written question E-0645/03 (1) dated 24 February 2003, I referred to the 634 politically motivated
people who were arrested during 2002 in the Basque Country.

On 8 October, early in the morning, 34 people were arrested by the Spanish and French police on both
sides of the border that divides our country and constitutes an internal iron curtain. Let me recall that
Germany was able to commemorate last week the 13th anniversary of its reunification, while the Basque
Country remains torn to pieces: It is not recognised at all in the Northern part, under French rule, and it is
under two separate administrations as part of the Kingdom of Spain.

As those detainees all over the country indicate, can the Basque Country achieve recognition only through
repression?

Could the Commission present a proposal for a Community action plan to guarantee the Basque people
the right to exist?

(1) OJ C 11 E, 15.1.2004, p. 102.

Answer given by Mr Vitorino on behalf of the Commission

(20 November 2003)

The Commission takes the view that the facts to which the Honourable Member refers do not fall within
the powers conferred on it by the European Union and Community Treaties.