WRITTEN QUESTION E-3317/03 by Íñigo Méndez de Vigo (PPE-DE) to the Commission. Cross-border payments.
Date: 2003-11-10
Institutions: European Parliament, Provisional data
Subjects: EU law, bank charges, consumer information, credit transfer, intra-EU trade, payment

27.3.2004

EN

Official Journal of the European Union

C 78 E/257

The Commission has received a number of complaints on incidents of alleged racial and ethnic
discrimination in the context of border controls and has each time taken contact with the Member State
involved to remind it that such discrimination is contrary to fundamental rights and that it is the Member
States’ responsibility to ensure that their officials do not behave in a racist way in the exercise of their
functions and that they respect fundamental rights as protected by the Treaty on European Union as
general principles of Community law, and as reaffirmed in the Charter of Fundamental Rights of the
European Union.

The Commission believes that the respect of the prohibition of discrimination on the grounds of race and
ethnic origin in the exercise of border controls is a very important issue for all Member States. It does not
believe that enlargement will be cause for particular concern in this regard. The Commission will continue
to monitor the situation in all Member States.

(1) OJ L 151, 10.6.1997.

(2004/C 78 E/0258)

WRITTEN QUESTION E-3317/03

by Íñigo Méndez de Vigo (PPE-DE) to the Commission

(10 November 2003)

Subject: Cross-border payments

I have been informed that a Spanish citizen has been charged EUR 12 for transferring EUR 30 to Germany.

Does the Commission believe that this charge complies with Regulation (EC) 2560/2001 (1) on cross-
border payments? Does the Commission believe that consumers’ rights are adequately guaranteed? Are
consumers properly informed about the fact that this Regulation has come into force?

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

Answer given by Mr Bolkestein on behalf of the Commission

(16 December 2003)

According to Regulation (EC) No 2560/2001 of the Parliament and of the Council of 19 December 2001
on cross-border payments in euro, charges levied by a financial institution for cross-border payments in
euro shall be the same as the charges it levies in respect of corresponding national payments in euro. This
rule applies to electronic payment transactions (payments by card and withdrawals at cash dispensers) in
euro up to EUR 12 500 since 1 July 2002 and to credit transfers since 1 July 2003.

In Spain, charges for ‘standard’ credit transfers are well below EUR 12. However, ‘special credit transfers’
(i.e. transfers that are urgent or are made without indication of the IBAN (1) and BIC (2), etc.) can bear
higher charges. Therefore, as long as, respectively, ‘standard’ and ‘special’ credit transfers in euro are subject
to the same charges whether in Spain or cross-border, the principle established in Article 3 of the
Regulation (equality of charges for ‘corresponding payments’) is in principle respected. In the case reported
by the Honourable Member,
transfer is ‘special’ or
‘standard’. More detailed information would be needed to establish whether or not the charge of EUR 12 is
in compliance with the Regulation.

it is unfortunately not clear whether the credit

As regards the enforcement of the Regulation, national authorities must guarantee that it is applied
adequately and consistently. Article 7 of the Regulation provides that the compliance shall be guaranteed
by effective, proportionate and deterrent sanctions. The Commission wrote to all Member States in
September 2003 requesting the name of the competent national authority and the implementing measures
taken by Member States.

C 78 E/258

Official Journal of the European Union

EN

27.3.2004

As regards the level of information of citizens concerning the entry into force and content of the
Regulation, financial
institutions have to make available to their customers prior information on the
charges levied for cross-border and national payments, and to communicate to each customer upon
request his IBAN and BIC (Articles 4 and 5 of the Regulation). According to information available to the
Commission, this information has been disseminated, despite a number of complaints by citizens regarding
the information provided by some banks. The Commission continues to closely
lack of clarity of
monitoring the issue.

International Bank Account Number.

(1)
(2) Bank Identifier Code.

(2004/C 78 E/0259)

WRITTEN QUESTION E-3320/03

by Glyn Ford (PSE) to the Commission

(10 November 2003)

Subject: Transit visas in the EU

In reference to answer E-2738/03 (1), would the Commission care to comment on whether or not an
expensive transit visa, not for landing but for transit only, imposed by a Member State would be likely to
distort travel patterns of passengers as they move through the EU?

(1) OJ C 65 E, 13.3.2004.

Answer given by Mr Vitorino on behalf of the Commission

(15 December 2003)

With regard to the question of airport transit visas (ATVs) raised by the Honourable Member, the
Commission would like to make the following points:

(cid:1) As a general rule, travellers passing through the international transit area of an airport without
actually entering the national territory of the country concerned do not need to be in possession of a
visa. The Chicago Convention of 7 December 1944 on International Civil Aviation, and in particular
Annex 9 thereof, establishes the principle of free transit passage through the international areas of
airports. Exceptions may nevertheless be made to this general principle by notifying the International
Civil Aviation Organisation (ICAO), which means that nationals of certain third countries may be
required to be in possession of airport transit visas. The decision to require nationals of certain third
countries to hold an ATV is prompted by considerations to do with the control of illegal immigration
and national security.

(cid:1) As far as the Member States are concerned, Joint Action 96/197/JHA of 4 March 1996 (1) established,
in the Annex thereto, a joint list of third countries whose nationals must be in possession of an ATV.
The countries are Afghanistan, Ethiopia, Eritrea, Ghana, Iraq, Iran, Nigeria, Somalia, Sri Lanka and
Zaire. The Joint Action does not contain any provision relating to the fees to be charged for the issue
of visas of this type.

(cid:1) The Member States which apply the Schengen ‘acquis’ in full (2) subsequently harmonised their policy
in this area, adding two more countries (Bangladesh and Pakistan) to the joint list and providing that
holders of travel documents issued by third countries included in the joint list are also subject to that
requirement (3). Conversely, where the nationals in question hold a residence permit issued by a
Member State of the European Economic Area or by certain other third countries (4), they are
exempted from the ATV requirement.

(cid:1) The Schengen States have also harmonised the fee to be charged for processing applications for ATVs,
currently EUR 10 (5). Council Decision 2003/454/EC of 13 June 2003 (6), which
which is
Member States must apply from 1 July 2005 at the latest, raised the fee to EUR 35. According to the
information in the Commission’s possession, only France has so far applied the Decision (since
1 October 2003).