WRITTEN QUESTION P-1887/01 by Ilka Schröder (GUE/NGL) to the Council. Enfopol 29 plans for retention of communication data.
Date: 2001-06-21
Institutions: European Parliament, Provisional data
Subjects: Resolution of the Council of the European Union, confidentiality, protection of communications, protection of privacy, telecommunications

C 81 E/68

Official Journal of the European Communities

EN

4.4.2002

Answer given by Mr Prodi on behalf of the Commission

(6 September 2001)

The Commission has no information about Cryo-cell other than that available on the firm(cid:146)s Internet site
and already known to the Honourable Member. Nor does the Commission have any information about
other similar firms in the European Union.

The Commission thanks the Honourable Member for raising this matter. It believes that the services
offered by Cryo-cell do indeed raise serious ethical questions and has asked the European Ethics Group to
look into the ethical aspects of this type of activity as part of its current work on the ethical aspects of the
patentability of inventions arising from research into human stem cells.

(2002/C 81 E/080)

WRITTEN QUESTION P-1887/01

by Ilka Schr(cid:246)der (GUE/NGL) to the Council

(21 June 2001)

Subject:

(cid:145)Enfopol 29(cid:146) plans for retention of communication data

A recent feature (http://www.statewatch.org/news/2001/may/03Benfopol.htm) by the London-based Non-
Governmental Organisation Statewatch as well as an article in the Guardian newspaper (18 May 2001)
deal with extended requirements to be placed on service and network telecommunications providers to
cover mobile phones, satellite phones and internet usage. Allegedly the plans, referred to as (cid:145)Enfopol 29(cid:146)
also require them to supply law enforcement agencies on production of an interception order with
personal details of users such as e-mail account, passwords, addresses and credit card details. According to
the Guardian, (cid:145)European Union governments are trying to relax stringent data protection rules to guarantee
the police and law enforcement agencies access to private phone calls and e-mails(cid:146).

In consideration of the fact that such a requirement would be in flagrant contradiction to Directives
95/46/EC (1) and 97/66/EC (2) as well as to Article 8 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms and to Article 8 of the European Charter of Fundamental
Rights, I ask the Council:

1. To what extent is it true that the Police Cooperation Working Party is working on plans referring to
implemented, would be in

the interception and retention of communication data which,
contradiction to applicable EU legislation?

if

2. What is the Member States(cid:146) position on relaxing this legislation in order to provide a legal framework

for extended interception and retention of such data?

3. A document uncovered by Statewatch calls for (cid:145)every phone call, every mobile phone call, every fax,
every e-mail, every website(cid:146)s contents, all internet usage, from anywhere, by everyone, to be recorded,
archived and be accessible(cid:146) for law enforcement agencies. What is the Council(cid:146)s position on this
request?

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 24, 30.1.1998, p. 1.

Reply

(29 November 2001)

The Council has adopted,

1.
telecommunications (1).

in January 1995, a Resolution on the lawful

interception of

4.4.2002

EN

Official Journal of the European Communities

C 81 E/69

A draft Council Resolution on law enforcement operational needs with respect

to public
2.
telecommunication networks and services has been discussed in the preparatory levels within the Council
but it was not adopted by the Council.

(1) OJ C 329, 4.11.1996, p. 1.

(2002/C 81 E/081)

WRITTEN QUESTION E-1888/01

by Ioannis Mar(cid:237)nos (PPE-DE) to the Council

(27 June 2001)

Subject: Accession of new countries to the Union

According to Facts about Turkey, a sleek publication produced by the Turkish News Agency and
distributed for some time to all MEPs, 97 % of Turkish territory is in Asia and 3 % in Europe (Eastern
Thrace). Russia is in a similar situation, albeit that its European part accounts for much more than 3 % of
its territory and stretches as far as the Urals. Since December 1999, Turkey has been a (cid:145)candidate State(cid:146) for
accession, despite the fact that a very small part of its territory is in Europe. Russia, a country with a vast
market and inexhaustible natural resources, has not yet acquired that status as it has not submitted an
application for membership.

Would a possible Russian application for accession in the distant future mean that the Union would extend
its geographical frontiers to the shores of the Far East and border on countries such as China and Japan?
Would it be possible (provided the Copenhagen criteria are met) to consider a (cid:145)pilot(cid:146) accession to the
Union for regions such as European Russia or Eastern Thrace (European Turkey), which clearly are in
Europe and have a significantly higher level of economic development than the other regions of the
countries to which they belong?

To what extent does the Council consider it appropriate to draw up a study on such a possible
development, which might result in the incorporation of some areas of those countries into the structure
of Europe, and the avoidance of an adverse situation in which the EU would shoulder the burden of the
economic convergence of underdeveloped, remote areas which,
furthermore, belong to geographical
regions which are not in Europe?

Reply

(26 November 2001)

According to Article 49 of the Treaty on European Union, any European State which respects the
principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law
may apply to become a member of the Union. The Council shall decide unanimously on any such
applications for membership on the basis of Article 49, paragraph 1 TEU, after consulting the Commission
and after receiving the assent of the European Parliament.

The conditions of admission and the adjustments to the Treaties on which the Union is founded shall be
the subject of an agreement between the Member States and the applicant State and submitted for
ratification by all the contacting States in accordance with their respective constitutional requirements.

(2002/C 81 E/082)

WRITTEN QUESTION E-1892/01

by Antonios Trakatellis (PPE-DE) and Ioannis Mar(cid:237)nos (PPE-DE) to the Commission

Subject: Economic values and (cid:145)creative accounting(cid:146) in Greece

(28 June 2001)

It has been said and written innumerable times that some Member States have resorted to (cid:145)creative
accounting(cid:146) and that the manner in which it is used runs counter to the objective of containing fiscal
deficits, which is a basic component of the stability and development programmes.