WRITTEN QUESTION E-3161/01

by Bertel Haarder (ELDR) to the Commission

(19 November 2001)

Subject: Denmark's role in the fight against the sexual exploitation of children

1. In the light of the recent discovery in Denmark of a major international paedophile network with links to Denmark, Norway, Romania and other countries, will the Commission investigate the international child pornography ring and Denmark's role in it?

2. Does Denmark punish child sex abuse less severely than other countries, including EU Member States?

3. Denmark's criminal code makes criminal liability for child sex abuse conditional upon dual criminality. Is Denmark the only country where this is the case?

4. If the answer to the two above questions is yes, does this contribute to Denmark's position as a haven and centre for paedophiles? Are there any other contributory factors?

5. At the first World Conference on the Sexual Exploitation of Children in Stockholm in 1996, 122 countries committed themselves to drawing up a plan of action to fight child sex abuse. Can the Commission state which of the EU Member States have delivered on that commitment to date? What action will the Commission take with regard to Member States which have not done so?

6. How will the Commission ensure that EU Member States fulfil the obligations they may be placed under at the next World Conference on the Sexual Exploitation of Children, to be held in Japan in December?

Answer given by Mr Vitorino on behalf of the Commission

(21 December 2001)

The European Union has the competence to take action in the field of criminal matters in a number of sectors of European interest, including sexual exploitation of children and child pornography. The competence is limited to cooperation between police and judicial authorities and under certain conditions the approximation of criminal law through common definitions, incriminations and sanctions. The Commission has accordingly put forward, in December 2000, a proposal for a Framework Decision on combating sexual exploitation of children and child pornography. The proposal concerns approximation of the criminal laws (common definitions and penalties) of the Member States and does also address criminal procedure (jurisdiction, prosecution and protection of victims). The Belgian Presidency has made the proposal on sexual exploitation of children and child pornography a priority.

The Commission, however, has no legal competence to intervene in proceedings in the Member States of the European Union. Neither has it any competence to take action against Member States that are not fulfilling their commitments to declarations or obligations under international law. Consequently, it can not investigate the international child pornography ring discovered in Denmark with links to Norway, Romania, and other countries.

Recently a comparative study on the criminal laws of the Member States in this field was carried out by Europol. The study is not exhaustive when it comes to actual punishment. The requirement for dual criminality is currently being discussed at the level of the European Union in the context of the Commission's proposals for a Framework Decision on a European Arrest Warrant. In this context a positive list of offences for which this requirement should be abandoned is being elaborated. The view of the Commission is that such a list should include sexual exploitation of children and child pornography.

The Commission will be represented in the second World Congress against Commercial Sexual Exploitation of Children to be held in Yokohama on 17-20 December 2001. The Commission is confident that the second World Congress provides an opportunity to obtain information on what action the 122 countries, including EU Member States, have taken to deliver on that commitment. The Commission will present the principal responses of the European Union and actions by the European Commission in fulfilment of its commitment to the Stockholm Declaration and Agenda for Action. The Commission remains committed to the Stockholm Agenda for Action adopted by the first World Congress against Commercial Sexual Exploitation of Children in August 1996.