WRITTEN QUESTION No. 2336/97 by Alexandros ALAVANOS to the Commission. Violation of individual liberties and citizens' rights through the implementation of the Schengen Agreement
16. 4. 98 EN Official Journal of the European Communities C 117/11 (98/C 117/13) WRITTEN QUESTION E-2328/97 by Jesu·s Cabezo·n Alonso (PSE) to the Commission (7 July 1997) Subject: Authorization for insurance companies based in Gibraltar to operate in the EU The United Kingdom has granted authorization, through the Gibraltar Financial Services Commission, for insurance companies based in Gibraltar to operate in the countries of the European Union. Does the Commission not believe that this poses a definite risk of turning Gibraltar into a tax haven? In granting such authorization, has Community legislation on insurance and financial services been respected? Answer given by Mr Monti on behalf of the Commission (24 September 1997) The Commission has been notified by the United Kingdom of the implementation of all the insurance directives in its dependent territory of Gibraltar. Directive 95/26/EEC (1) amending Directives 77/780/EEC and 89/646/EEC in the field of credit institutions, Directives 73/239/EEC and 92/49/EEC in the field of non-life insurance, Directives 79/267/EEC and 92/96/EEC in the field of life assurance, Directive 93/22/EEC in the field of investment firms and Directive 85/611/EEC in the field of undertakings for collective investment in transferable securities (Ucits), with a view to reinforcing prudential supervision which affects insurance as well as the other financial sectors, has not yet been fully implemented. The United Kingdom has recently indicated that the work for such implementation is reaching its final stages. The Commission is as usual carrying out an examination of the implementing legislation in order to ensure full consistency with the provisisons of the insurance directives. The legislation in question is confined to the supervision of insurance activities and undertakings, and does not concern tax matters. In the context of the current efforts to combat harmful tax competition, a code of conduct is envisaged, which is designed to avoid fiscal paradises in the Community. Such code would also apply to Gibraltar. Additional measures on taxation of savings may also be proposed as part of a wider tax package foreseen in the single market action plan. The cope and coverage of this package will be discussed over the coming months and it is hoped that an appropriate agreement will limit the scope for harmful tax competition. (1) OJ L 168, 18. 7. 1995. (98/C 117/14) WRITTEN QUESTION E-2336/97 by Alexandros Alavanos (GUE/NGL) to the Commission (7 July 1997) Subject: Violation of individual liberties and citizensí rights through the implementation of the Schengen Agreement In a resolution adopted on 11. 3. 1997 (1), the European Parliament points out repeatedly that the implementation of the provisions of the Schengen Agreement violates individual and civil rights and restricts immigration and the freedom of movement within the Union of citizens of third countries who are legally resident in the European Union; it also notes that the implementation of the Schengen Information System infringes the individual liberties of citizens and their private lives and even results in the arrest of innocent people registered without any reason in the SIS. Furthermore, it is profoundly concerned at the fact that the implementation of this Agreement is not subject to any parliamentary or judicial control