WRITTEN QUESTION E-0354/00 by Armando Cossutta (GUE/NGL) and Lucio Manisco (GUE/NGL) to the Commission. Rising cost of motor vehicle liability insurance.
C 330 E/136 Official Journal of the European Communities EN 21. 11. 2000 Also under the above Regulation, on Monday 31 January 2000 the Commission requested more information from the French authorities concerning the dispute and the measures which were likely to be implemented in order to restore the free movement of goods. The French authorities provided this information in their reply of 1 February 2000, pointing out that instructions had been given to the law enforcement authorities to set up alternative routes and to distribute the necessary information to those concerned. They also added that measures would be taken to allow any subsequent claims for compensation to be dealt with under Article L. 2216-3 of the general code for local authorities. The Commission would like to draw the Honourable Memberís attention to the fact that the blockades set up during the recent disputes were lifted in a relatively short time compared with other occasions in the recent past. The Commission believes this is certainly due in part to the implementation of Council Regulation No 2679/98 and the steps taken by the economic operators involved. (1) OJ L 337, 12. 12. 1998. (2000/C 330 E/153) WRITTEN QUESTION E-0350/00 by Rosa Díez GonzÆlez (PSE), Fernando PØrez Royo (PSE) and Luis Berenguer Fuster (PSE) to the Commission (14 February 2000) Subject: Public aid in the electricity sector in Spain: costs borne by the consumer To date Spanish consumers have paid more than Ptas 300 000 million for the CTC (costs of transition to competition) approved by the Government and defined by the Commission, in principle, as illegal public aid. Does the Commission consider that action must be taken to put an immediate end to this situation? Answer given by Mr Monti on behalf of the Commission (21 March 2000) The Commission is closely examining this very complex dossier which would in fact appear to be a case of state aid granted without prior notification. However, as the Commission pointed out to the Honourable Members in its reply to written question E-0165/00 (1), in accordance with the Courtís case law the unlawful nature of a state aid measure, i. e. the fact that it was granted without prior notification to the Commission, does not prejudge its compatibility with the common market. The Commission consequently does not plan at this stage to apply Article 11(1) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (2) to request the Member State to suspend payment of the aid. Needless to say, it will take account of the amounts already paid when it takes its final decision on the case. (1) See page 96. (2) OJ L 83, 27. 3. 1999. (2000/C 330 E/154) WRITTEN QUESTION E-0354/00 by Armando Cossutta (GUE/NGL) and Lucio Manisco (GUE/NGL) to the Commission Subject: Rising cost of motor vehicle liability insurance (14 February 2000) Since 1994, the year in which charges for compulsory motor vehicle liability insurance were deregulated, there has been an alarming increase in the premiums charged to motorists. This year insurance charges in Italy are set to rise by between 30 and 60 %, an increase which will applied by all the companies present 21. 11. 2000 EN Official Journal of the European Communities C 330 E/137 on the market. There is also evidence of a coordinated trend towards higher premiums, which suggests that some form of cartel is being operated by the insurance companies. The head of the Italian antitrust authority, Giuseppe Tesauro, has expressed concern at the significant rise in insurance premiums combined with a reduction in the cover provided; furthermore, a legal investigation is under way into the possible existence of a cartel. 1. What action does the Commission intend to take to stop, and impose sanctions on, the cartel operated by the insurance companies in Italy? 2. Does the Commission agree that, as motor vehicle liability insurance is a statutory requirement, the Italian State should bring pressure to bear on the insurance companies to ensure fair charges instead of the excessive premiums fixed by the cartel in question? Answer given by Mr Bolkestein on behalf of the Commission (27 March 2000) 1. The Commission notes the Honourable Membersí concerns regarding a possible cartel between Italian insurance companies in respect of the premiums charged for motor vehicle liability insurance. It also notes that the Italian competition authority is currently carrying out an inquiry into the matter. It is important to remember that the Commissionís competence extends only to examining and possibly penalising restric- tions on competition when they substantially affect trade between Member States. Since it is uncertain whether such an effect exists in the case in point, and since the national authorities have opened an inquiry, it would be advisable to allow these authorities to complete their investigation into the matter, in the spirit of cooperation set out in the Commission Notice on cooperation between national competition authorities and the Commission (1). 2. The Honourable Membersí attention is drawn to the fact that the Community rules in this area seek to enable insurance companies to offer services and set up branches in other Member States on the basis of a single authorisation granted by the Member State of origin. More particularly, the Third Insurance Directives, in particular the Third Non-life Insurance Directive, Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (2) (which is applicable to motor vehicle insurance), established the principle of freedom to set tariffs and ended preliminary or systematic checks on tariffs and on the contracts which insurance firms propose to market. The Commission could not therefore intervene in the way suggested by the Honourable Members. Since the monitoring of insurance companies is a task for the national authorities alone, the Commission is not in a position to check the insurance premiums proposed by companies or to give an opinion on the level of such premiums. It is the task of the competent national institution to ensure that insurance premiums are sufficient to enable firms to meet their contractual commitments. (1) OJ C 313, 15. 10. 1997. (2) OJ L 228, 11. 8. 1992. (2000/C 330 E/155) WRITTEN QUESTION P-0360/00 by Jean Lambert (Verts/ALE) to the Commission (4 February 2000) Subject: Construction of a water bottling plant in Taguluche, La Gomera island (Canaries) The Canaries Government has declared plans for a treated water bottling plant, at Taguluche, La Gomera island, in the municipal district of Valle Gran Rey, to be a project of public and social interest. The proposed construction site is a listed rural conservation area; its location also coincides with an area called Taguluche which the Canaries Government is proposing for inclusion in the Natura 2000 network (1), reference number ES7020108, which coincides geographically with the area intended for construction