WRITTEN QUESTION E-1027/01 by Charles Tannock (PPE-DE), Theresa Villiers (PPE-DE) and Piia-Noora Kauppi (PPE-DE) to the Commission. Counterfeiting threat to the euro exacerbated by over-strict data-protection laws.
Date: 2001-03-30
Institutions: European Parliament, Provisional data
Subjects: EU police cooperation, data protection, data transmission, euro, industrial counterfeiting

C 318 E/186

Official Journal of the European Communities

EN

13.11.2001

the Commission reviews the compatibility of such national
In its role of guardian of the Treaties,
regulations with Community law and takes appropriate steps, where necessary initiating infringement
proceedings.

(1) Written answer of 13.2.2001.
(2) COM(1999) 232 final.
(3) Communication from the Commission to the Council and the European Parliament on e-commerce and financial

services (COM(2001) 66 final).

(2001/C 318 E/202)

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
(cid:145)Europol does not have an agreement on such data with Interpol. It cannot send that information to us (cid:129)
or any country outside the EU without such an agreement (cid:129) and there is no time to make one before the
euro comes in. So when the euro is circulated, we(cid:146)re going to see large quantities of counterfeit, with
police officers handcuffed and unable to investigate.(cid:146)

Does the Commission accept the accuracy of Mr Noble(cid:146)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(cid:146)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(cid:146)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(cid:146)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.

13.11.2001

EN

Official Journal of the European Communities

C 318 E/187

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(cid:146)s answer to Written Question E-286/01 by Mr Ford (OJ C 261 E, 18.9.2001).

(2001/C 318 E/203)

WRITTEN QUESTION E-1028/01

by Glenys Kinnock (PSE) to the Commission

(30 March 2001)

Subject: Treatment of Afghan refugees in Pakistan

Would the Commission outline how it intends to respond to the news stories emanating from Pakistan
about Afghan people who are apparently living in appalling conditions in refugee camps?

Answer given by Mr Patten on behalf of the Commission

(11 May 2001)

The Commission is aware, from its own sources and from press reports, of the conditions prevailing in
certain camps for refugees in Pakistan, notably the camp at Jalozai, where conditions are said to be
precarious.

The Commission, through the European Community(cid:146)s Humanitarian Office (ECHO), has already made
available € 1 135 million from its 2001 budget to improve the condition of refugees in two camps in
Pakistan: Shamshatoo and Jalozai. These funds, allocated to the non-governmental organizations (NGOs)
International Rescue Committee and the Danish Refugee Council and to United Nations High
Commissioner for Refugees (UNHCR) will,
in Shamshatoo, be used to improve basic hygiene, trans-
portation of drinking water to those parts of the camp which have no access to wells, the distribution of
5 000 hygiene kits and 5 000 kerosene lamps. Three wells with generator pumps will be dug and a hand-
pump water distribution system installed. It is hoped that some 43 500 people will benefit from this
operation.

UNHCR will use its funding from ECHO for the purchase of 4 500 tents, 18 500 blankets, 8 500 cooking
sets, 12 000 heaters and 12 000 kerosene lamps for eventual use in the Jalozai camp, once the Pakistani
authorities have given UNHCR permission to screen the refugees in this camp.

In this regard, the Union Troika, conscious of the situation in the Jalozai camp, met the Pakistan
authorities and made a (cid:145)dØmarche(cid:146) on 24 February 2001 expressing concern at the Afghan refugee
situation in Pakistan, particularly in Jalozai and noting the potential for a humanitarian disaster there.