WRITTEN QUESTION P-3618/00

by Raffaele Lombardo (PPE-DE) to the Council

(15 November 2000)

Subject: Combating paedophilia and sex tourism

Every day, and in every country of the world, serious crimes are committed against children. Furthermore, the problem of paedophilia has become more widespread in recent years. But, as the law stands, the Community institutions have no powers to deal with criminal matters and so it is up to the Member States to ensure they have effective and deterrent laws to combat paedophilia. Meanwhile, the Internet is playing an increasingly frequent role in the commission of such crimes.

In view of the foregoing:

1. What progress does the Council expect to achieve in terms of greater communitarisation of the third pillar (i.e. bringing matters relating to justice and home affairs within the ambit of the European Union) to ensure increased and more effective judicial and police cooperation, particularly with regard to crimes involving paedophilia?

2. What is the Council's position with regard to placing all European paedophiles on a register with a view to monitoring their movements and exploiting the networks established to facilitate police cooperation at international and European level for the purpose of crime prevention in addition to law enforcement?

3. What new measures are being drawn up in the field of international cooperation to abolish the anonymity enjoyed by Internet sites and oblige those operating electronic data communication networks to record and keep the data which would make it possible to trace material involving the dissemination of, or trade in, child pornography to be traced back to those responsible?

Reply

(26 February 2001)

The Council is awaiting important initiatives from the Commission to strengthen judicial cooperation on crimes against children.

The Honourable Member will agree, however, that, as the initiatives mentioned in the reply to Written Question P-1748/00 on the trafficking and sexual exploitation of children show, the Council's proceedings have made it possible to strengthen considerably the means of combating trafficking in human beings and crimes against children.

The Council has received no initiatives relating to the placing of all European paedophiles on a register. This controversial subject has not been tackled hitherto in Council Working Parties.

As regards work in progress in international bodies, we should mention the draft European Convention on Cyber-Crime, which is under examination in the Council of Europe.

Finally, on 29 May 2000 the Council adopted a Decision to combat child pornography on the Internet on the basis of an initiative of the Republic of Austria.(1)

Article 6 of that Decision on which the European Parliament has been consulted provides for the Council to examine the extent to which Member States have fulfilled their obligations pursuant to Joint Action 97/154/JHA, and the extent to which the measures proposed in the Decision have proved effective.

The Honourable Member will note that the Council made the following statement when that Decision was adopted:

The Council welcomes the opinion of the European Parliament, published as Legislative Resolution on the initiative of the Republic of Austria with a view to adopting a Council Decision to combat child pornography on the Internet(2). In addition to the amendments which have been incorporated by the Council in the Decision, the opinion raises a number of important issues relating to substantive criminal law and criminal procedure. The Council, mindful of the urgency to take immediate measures against child pornography on the Internet, declares its willingness to examine such questions in the light of the Joint Action 97/154/JHA of 24 February 1997 and on the basis of proposals which are expected in the future.

(1) Council Decision of 29 May 2000 to combat child pornography on the Internet (OJ L 138, 9.6.2000, page 1).

(2) European Parliament document 10317/1999 C5-0318/1999 1999/0822(CNS).