WRITTEN QUESTION No. 2909/97 by Elly PLOOIJ-VAN GORSEL to the Commission. Acceptance of Eurocheques in France
C 117/100 EN Official Journal of the European Communities 16. 4. 98 On the basis of the above all UK operators may procure products that have had the Community logo affixed to them by their manufacturers (or the manufacturer’s representatives) in accordance with the relevant provisions of the Directives concerned. These are listed above and are to be implemented in the same manner by all manufacturers, whatever their location. These harmonised technical regulations transfer responsibility for the marketing of products within the Community to their manufacturers (or manufacturer’s representatives) via the affixing of the CE mark, and in no case to any notified bodies that may be involved in the assessment procedure. This is why products cannot be áapprovedí by those bodies. (1) OJ L 220, 30. 8. 1993. (2) OJ 126, 12. 5. 1992. (3) OJ 290, 24. 11. 1993. (98/C 117/127) WRITTEN QUESTION E-2909/97 by Elly Plooij-van Gorsel (ELDR) to the Commission (17 September 1997) Subject: Acceptance of Eurocheques in France 1. Is the Commission aware that no bank in France is any longer prepared to cash Eurocheques? Does the Commission agree that the Eurocheque is a lawful means of payment in Europe on the basis of 2. agreements between banks? Does the Commission take the view that French banks are unilaterally infringing European banking 3. agreements? 4. Can the Commission confirm that this action is distorting competition in banking transactions in Europe? 5. Does the Commission take the view that this action restricts the free movement of persons and regularly causes financial embarrassment to European citizens by preventing them from withdrawing cash or paying bills? 6. What action will the Commission take? Answer given by Mr Van Miert on behalf of the Commission (15 October 1997) The legal arrangements governing the acceptance of international Eurocheques by French banks are purely contractual in nature. They are laid down in the Package-Deal Agreement on commissions, value dates, the centralised clearing of uniform Eurocheques drawn in local currency and the opening-up of the non-banking sector, which was notified to the Commission under Article 4 of Council Regulation No 17 of 6 February 1962, the First Regulation implementing Articles 85 and 86 of the Treaty (1). The agreement does not require all the branches of a bank belonging to the international Eurocheque system to accept Eurocheques drawn by a bearer resident in a third country. According to the information at the Commission’s disposal, certain banks refuse to cash Eurocheques, but this is not true of all banks operating in France. The banks which refuse to cash Eurocheques appear to be acting unilaterally and not on the basis of an agreement or concerted practice, which are the only cases covered by Article 85 of the EC Treaty. Finally, it should be pointed out that paper Eurocheques are always accompanied by a cheque guarantee card, which also enables the holder to make cash withdrawals from cash dispensers. Almost all the cash dispensers in France accept Eurocheque cards. (1) OJ 13, 21. 2. 1962