WRITTEN QUESTION E-2276/99 by Cristiana Muscardini (UEN) to the Council. Supervisory authority for Internet sites.
Date: 1999-12-13
Institutions: European Parliament, Provisional data
Subjects: Internet, censorship, competence of the Member States, fight against crime, judicial cooperation in criminal matters in the EU

24.10.2000

EN

Official Journal of the European Communities

C 303 E/41

Individual decisions are based on a comparison of the migrant(cid:146)s qualifications and the training required for
the relevant profession in the host Member State (national rules apply in this case). The field of activity of
the professions in the two Member States is also taken into account. The national authorities are
responsible for assessing individual cases in accordance with the procedure defined in the Directives,
which provide for a reasoned decision and notification within four months of the submission of the
completed application.

The fact that two professions in different Member States have a similar title is only an indication that the
professions are the same. Rather, it is the content, i.e. the field of activity, of the profession concerned
which determines the identity of two professions in two different Member States, and not the profession(cid:146)s
denomination. If the differences are too great, the two professions may be considered different in the
Member States concerned, in which case the general system need not apply. In addition to this exceptional
situation, when there are substantial differences between the curricula of the two Member States, the
migrant may be asked to take suitable measures to compensate for those differences.

In the case in point, the applicant should consider exercising his rights under his host country(cid:146)s national
law, and in particular the right of appeal. The Directive mentioned above gives migrants the opportunity
to appeal before the courts under national law. In addition, according to information from the German
authorities, migrants can also request the Ministry of Health (Gesundheitsministerium) of the Land where
the decision has been made to reexamine the decision.

(1) OJ L 19, 24.1.1989.

(2000/C 303 E/037)

WRITTEN QUESTION E-2276/99

by Cristiana Muscardini (UEN) to the Council

(13 December 1999)

Subject: Supervisory authority for Internet sites

In view of the increase in the number of Internet sites providing details of how to make chemical drugs,
obtain weapons or acquire children for sexual purposes, could the European Union set up an authority to
supervise Internet sites and identify those which are clearly violating the Member States(cid:146) laws and will it
examine what measures need to be taken to prevent laws being broken and criminal offences committed
via the Internet?

Reply

(10/11 April 2000)

The European Union shares the Honourable Member(cid:146)s concern regarding the proliferation of Internet sites
containing information encouraging criminal behaviour.

For this reason, it entrusted to Europol the task of fighting Internet crime, to the extent that such crime
falls within its mandate. Europol has been operational since 1 July 1999 and is already actively fighting
trafficking in drugs and human beings, including the exploitation of minors and the production, sale or
distribution of child-pornography material, within the limits of the objectives described in the Europol
Convention (1) (2).

Apart from situations falling within the competence of Europol, Member States are responsible for
supervising the information available on the Internet. One access provider has already been prosecuted
for providing a site which distributed illegal information.

As stated in the reply to Question No H-0202/97 (by Anne McIntosh), the Council attaches the greatest
importance to the question of supervising the information made available on the Internet, while trying to
reconcile the supervision of information available on sites with the general principles of freedom of
information.

C 303 E/42

Official Journal of the European Communities

EN

24.10.2000

There are no plans to set up a supervisory authority at European level. However, the European Union
supports Member States(cid:146) actions by specific measures to improve judicial cooperation in this area. In
particular, there is a draft joint action to combat child pornography on the Internet, on which the Council
Presidency decided to consult the European Parliament before the Amsterdam Treaty entered into force
and which will be transformed into a decision on which the Council will consult the European Parliament
in accordance with Article 39 of the Treaty on European Union.

The Honourable Member will also note that the proposal for a Directive on certain aspects of electronic
commerce on the international market contains provisions limiting the responsibility of access providers.

Lastly, the Council has adopted a joint position of the Member States to be defended in negotiations in the
Council of Europe on a Convention on cybercrime, which also covers measures against criminal offences
committed via the Internet. With the same goal
in mind, on 25 January 1999 under Decision
276/1999/EC the European Parliament and the Council adopted a multiannual Community action plan
on promoting safer use of the Internet by combating illegal and harmful content on global networks. The
action plan covers the period 1 January 1999 to 31 December 2002; EUR 25 million has been allocated to
its implementation.

(1) Article 2 of the Council Act of 26 July 1995 drawing up the Convention based on Article K.3 of the Treaty on

European Union, on the establishment of a European Police Office (OJ C 316, 27.11.1995, p. 5).

(2) Article 1 of the Council Decision of 3 December 1998 supplementing the definition of the form of crime (cid:145)traffic in

human beings(cid:146) in the Annex to the Europol Convention (OJ C 26, 30.1.1999, p. 21).

(2000/C 303 E/038)

WRITTEN QUESTION E-2277/99

by Inger Sch(cid:246)rling (Verts/ALE) to the Commission

(13 December 1999)

Subject: Purchase of holiday homes by foreign nationals

Most countries used to restrict
foreign nationals to purchase property. Sweden has a
derogation from the current rules until the end of the year, but all parties now agree that such restrictions
should be scrapped.

the right of

A potential problem that would eventually have to be resolved is that house prices in attractive areas could
skyrocket to such an extent that locals find themselves priced out of the property market. In the long run,
this could mean that communities wither away and come to life only during the summer months. Many
coastal municipalities in particular are deeply concerned about such trends.

interests are
According to an ECJ judgment last summer,
acceptable provided that certain conditions are met. They must not, for instance, be discriminatory or
more stringent than is required to achieve their objectives.

laws designed to protect or promote local

What, in the Commission(cid:146)s view, are acceptable regional or local factors which Member States may take
into account, and what must the objective of such laws be?

Answer given by Mr Bolkestein on behalf of the Commission

(4 February 2000)

The EC Treaty stipulates, in Article 56 (ex Article 73b), that (cid:145)(cid:133) all restrictions on the movement of capital
between Member States and between Member States and third countries shall be prohibited(cid:146). This rule is
applicable to the acquisition of real estate by non-residents, since such acquisition is a capital movement.
The EC Treaty provides for some exceptions to this general rule. Of relevance in the present context is
Article 58 (ex Article 73d) of the EC Treaty which allows Member States (cid:145)to take measures which are
that Article also stipulates that such
justified on grounds of public policy or public security(cid:146). But