WRITTEN QUESTION E-1906/01 by Olivier Dupuis (TDI) to the Council. Vietnam.
Date: 2001-06-29
Institutions: European Parliament, Provisional data
Subjects: France, Internet, Viet Nam, computer system

C 40 E/136

Official Journal of the European Communities

EN

14.2.2002

Article 18 (formerly Article 8a) of the EC Treaty lays down the right of every citizen of the Union to move
and reside freely within the territory of the Member States, subject to the limitations and conditions laid
down in the EC Treaty and by measures adopted to give it effect. Community legislation on the right of
residence stipulates that Member States must admit nationals of other Member States and the members of
their family into their territory against presentation of a valid identity card or passport.

On the basis of that legislation, only persons carrying a valid passport or identity card enjoy right of
residence. Community legislation does not provide for measures which the Member States may adopt in
the event that these documents are not available.

However, the Commission takes the view that Member States should, in accordance with the principle of
proportionality, show flexibility and allow persons enjoying the right of residence to prove their identity
by other means before deporting them. To this end, the proposal for a Directive on the right of citizens of
the Union and their family members to move and reside freely within the territory of the Member States,
adopted by the Commission on 23 May 2001 (1), lays down that, where a Union citizen or family member
does not have the necessary travel documents, the Member State concerned must, before turning them
back, give such persons every opportunity to obtain the necessary documents or have them brought to
them or to corroborate or prove by other means that they are covered by the right to freedom of
movement.

In view of the circumstances of the case at issue, the decision to deport the tourists without giving them
any such opportunity,
their consulate in order to obtain
provisional documentation, would seem disproportionate. The Commission intends to approach the
Spanish authorities concerning this alleged incident.

in particular the opportunity to contact

(1) COM(2001) 257 final.

(2002/C 40 E/145)

WRITTEN QUESTION E-1906/01

by Olivier Dupuis (TDI) to the Council

(29 June 2001)

Subject: Vietnam

After being long banned, the Internet has developed quickly in Vietnam. In 1997, in the face of this new
situation, the Vietnam authorities equipped themselves with a system to monitor all Internet connections.
According to the (cid:145)Guide du Routard(cid:146) (p. 137), the system was supplied to the Vietnamese authorities by
the French authorities by way of a (cid:145)friendly gesture(cid:146).

Is the Council aware that the French authorities supplied the Vietnamese authorities with the Internet
monitoring system. Does the Council regard such supplies as appropriate? Does the Council take the view
that supplying such monitoring systems is compatible with the fostering of human rights and fundamental
freedoms, which, as it keeps on reaffirming, is one of the bases for its policy towards Vietnam? Could the
Council say whether it has held an internal debate on supplying the monitoring system to Vietnam or,
possibly, on supplying similar systems to other non-member countries? More generally, does the Council
not believe that, in addition to arms, other (cid:145)commercial supplies(cid:146) ought to be excluded from trade between
Union and non-member countries or that, at the very least, they ought to be covered by extremely
restrictive rules?

Reply

(8 October 2001)

The Council has not been informed that any such system has been supplied nor are there any measures it
could take to prevent third countries from being provided with this kind of system.