The European Parliament,

–   having regard to Rule 108(5) of its Rules of Procedure,

A.   bearing in mind its resolution of 25 September 2003 on the Lloyd's Petitions(1), which was approved by 358 votes in favour and none against, with 35 abstentions,

B.   considering that, in spite of the demands made in this resolution, the petitioners have still not obtained an adequate response from Parliament, and especially from the Commission, concerning the way in which Non-Life Insurance Directive 73/239/EEC(2) was transposed and implemented by the UK authorities between the years 1978 and 2001, in particular as regards the regulatory regime and the solvency requirements,

C.   recalling that in the resolution Parliament reserved the right to conduct further enquiries and investigations if the Commission failed to provide it with a specific response to the questions tabled by 15 November 2003,

D.   recalling that in February 2004 the then rapporteur on this issue called for Parliament to initiate proceedings before the Court of Justice of the European Communities against the Commission for failure to answer the questions raised by Parliament concerning the implementation of the Directive during the period in question, and recognising that on this occasion Parliament did not vote formally on this request,

E.   whereas, in its resolution of 9 March 2004 on the Commission Communication on better monitoring of the application of Community law(3), Parliament "strongly deplores the conduct of the Commission towards Parliament and, in particular, its competent committee in the case concerning Lloyd's of London, in relation to which there has been an obstinate refusal to communicate fully with Parliament on all questions it has raised",

F.   considering that the competent committee recommended in April 2004 that legal proceedings should be brought against the Commission once the full procedural requirements had been met, but that the President of Parliament has now ruled that such procedural requirements have yet to be fulfilled,

1.  Calls on the Commission to provide a specific response to the questions raised in the above-mentioned resolution of 25 September 2003 either in this debate or within two months in writing and resolves to bring proceedings pursuant to Article 232 of the EC Treaty against the Commission should the Commission fail to respond;

2.  Reserves the right to initiate further investigatory measures should they be required, bearing in mind that three new petitions have been tabled in 2005 concerning the same Directive by other Lloyd's Names;

3.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ C 77 E, 26.3.2004, p.411 (2) First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life insurance (OJ L 228, 16.8.1973, p.3). Directive last amended by Directive 2002/87/EC of the European Parliament and the Council (OJ L 35, 11.2.2003, p.1). (3) OJ C 102 E, 28.4.2004, p. 142.