WRITTEN QUESTION P-2495/99 by Robert Sturdy (PPE-DE) to the Commission. Legal certainty in the information society.
Date: 1999-12-16
Institutions: European Parliament, Provisional data
Subjects: EU market, Internet, Internet access provider, courts and tribunals, cross-frontier data flow, electronic commerce, liability, private international law, proposal (EU)

8.8.2000

EN

Official Journal of the European Communities

C 225 E/149

and almost 5 times higher than that observed in the period 1976-1987. Furthermore a reduction in the
1999 production was expected as the returning salmon were from less numerous year classes, affected by
the M 74 syndrome, and hence fewer salmon would have participated in the spawning. Reduced run and
catches in 1999 might not therefore be the result of the whitefish fisheries.

Provided the by-catches of salmon in whitefish fisheries is properly accounted for within the available
Finnish quota or released alive when caught in this fishery, these catches will not undermine management
in accordance with the salmon action plan.

The Commission is convinced of the need to continue with a responsible management strategy as laid
down in the salmon action plan in order to achieve the objective of rebuilding of the wild salmon stocks
in these rivers.

(2000/C 225 E/162)

WRITTEN QUESTION P-2495/99

by Robert Sturdy (PPE-DE) to the Commission

(16 December 1999)

Subject: Legal certainty in the information society

The Commission has made impressive steps (through its proposals COM(98) 586 and COM(96) 392)
towards giving participants in e-commerce and the information society a firm legal basis and legal
scrutiny.

Can it confirm that it will do nothing which would undermine this legal security, for example by making
Internet Service Providers liable in all countries, purely on the grounds that websites are accessible in those
countries?

it ensure that

Will
liability will be in line with the
abovementioned proposals and avoid the possibility of lawyers being able to (cid:145)shop around(cid:146) for the national
law most beneficial to them?

future initiatives concerning extra-contractual

Answer given by Mr Bolkestein on behalf of the Commission

(1 February 2000)

The Commission(cid:146)s objective with its proposal for a Parliament and Council directive on certain legal
aspects of electronic commerce in the internal market (1) and proposal for a Parliament and Council
directive amending for the third time Directive 83/189/EEC laying down a procedure for the provision of
information in the field of technical standards and regulations (2), has been to create a coherent and
predictable legal framework for the development of e-commerce within the internal market. The recogni-
tion that a clearly defined legal framework based on established internal market principles is an essential
element to promote e-commerce in the internal market is reflected in the political agreement on the
common position on the proposed e-commerce directive reached by the Council on 7 December 1999.

The directive is based on the principle of country-of-origin control of information society services,
particularly Internet service providers. This principle, together with the exemption from liability for (cid:145)mere
conduit(cid:146) and (cid:145)caching(cid:146) and the limitation of liability for services consisting of hosting information for third
parties, will create the required legal certainty and will stimulate investments. The proposed e-commerce
directive does not establish rules on private international law nor does it deal with the jurisdiction of
courts.

The Commission is analysing the information it has received from business and consumers alike in the
context of a public hearing on the subject of electronic commerce jurisdiction and applicable law and will
take it into account in presenting any new initiatives in this area.

(1) OJ C 30, 5.2.1999.
(2) OJ C 307, 16.10.1996.