WRITTEN QUESTION E-1027/01

by Charles Tannock (PPE-DE), Theresa Villiers (PPE-DE) and Piia-Noora Kauppi (PPE-DE) to the Commission

(30 March 2001)

Subject: Counterfeiting threat to the euro exacerbated by over-strict data-protection laws

Is the Commission aware of the concern expressed by Ronald Noble, the newly-appointed American Head of Interpol, (as reported in The Sunday Telegraph on 25 February 2001) that excessively strict European data-protection laws will inhibit the release of information on counterfeiters by Europol to Interpol? Mr Noble is reported as saying that, if Europol discovers that counterfeiting of the Euro is taking place outside the EU (a likely place for such activity) and identifies the individuals, nothing can be done because Europol does not have an agreement on such data with Interpol. It cannot send that information to us or any country outside the EU without such an agreement and there is no time to make one before the euro comes in. So when the euro is circulated, we're going to see large quantities of counterfeit, with police officers handcuffed and unable to investigate.

Does the Commission accept the accuracy of Mr Noble's assessment? If so, will it discuss the problem urgently with Wim Duisenberg and Mr. Noble and prepare any legislative changes that are necessary to preserve the integrity of the European economic system and, hence, trade flows between Member States and with the wider world?

Answer given by Mr Bolkestein on behalf of the Commission

(27 June 2001)

The Commission's proposal for a Regulation on the protection of the euro against counterfeiting(1) was the subject of an agreement at the Ecofin Council on 12 February 2001(2). This regulatory framework is aimed particularly at facilitating exchanges of information and at cooperation, including cooperation with international organisations. The Commission notes that Interpol played a full part in the work of the experts which enabled the Commission to present this proposal.

The Commission would also point out that Europol's powers have been extended to the fight against counterfeiting and forgery of means of payment.

As regards more particularly the transfer of personal data to Interpol, the Commission would point out first of all that, under the Europol Convention, such a transfer is authorised if it is necessary, in individual cases, to prevent or combat the infringements falling under Europol's powers.

Furthermore, as things stand, specific measures to prevent or combat criminal infringements involving counterfeiting are being taken by the Member States cooperating on the basis of the International Convention for the Suppression of Counterfeiting Currency signed in Geneva in 1929, including with Interpol. In the case of counterfeiting, in particular of the euro, Europol intends to facilitate the exchange of information at European level and to communicate the results of the analysis it is carrying out to the Member States. If the latter wish to transfer the data obtained from Europol to the authorities responsible in third countries for preventing and combating criminal infringements, that transfer will be made on the basis of the internal rules of those Member States and any conventions governing that type of transfer.

Finally, the Europol Convention also authorises the transfer of personal data if an adequate level of data protection is ensured in a Member State or a third body. The assessment of the adequacy is based on all the circumstances involved in transmission, and in particular the type of data, their purpose, the duration of the processing and the general or particular arrangements applying to third countries and bodies.

When, in order to perform its task, Europol concludes agreements with third bodies not linked to the European Union, it must comply with the rules governing the transmission of personal data to third countries and bodies.

Negotiations on concluding such an agreement with Europol are currently under way and should be concluded very soon. Reports from Europol indicate that there should be an agreement before the introduction of the euro on 1 January 2002.

The procedure lays down, in particular, that an agreement may be concluded only after being approved unanimously by the Council, and after the opinion of the joint supervisory authority has been obtained. That authority gave its opinion last year on an initial draft agreement between Europol and Interpol, and very recently on a new proposal, while expressing certain reservations.

(1) OJ C 337 E, 28.11.2000.

(2) Cf. the Commission's answer to Written Question E-286/01 by Mr Ford (OJ C 261 E, 18.9.2001).