European Parliament legislative resolution on the proposal for a European Parliament and Council directive concerning the processing of personal data and the protection of privacy in the electronic communications sector (COM(2000) 385 — C5-0439/2000 — 2000/0189(COD))
Date: 2001-11-13
Institutions: European Parliament
Subjects: Internet access provider, consumer protection, data protection, data transmission, personal data, protection of privacy, telecommunications, telecommunications industry

C 140 E/132

Official Journal of the European Communities

EN

13.6.2002

Tuesday 13 November 2001

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendments 39 and 40
Article 16

Article 12 shall not apply to editions of directories published
before the national provisions adopted pursuant to this Direc-
tive enter into force.

Article 12 shall not apply to directories already produced or
placed on the market in printed or off-line electronic form
before the national provisions adopted pursuant to this Direc-
tive enter into force.

Amendment 41
Article 17, paragraph 1, subparagraph 1

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at the latest. They shall forth-
with inform the Commission thereof.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive within 15 months after its entry into force at the
latest. They shall forthwith inform the Commission thereof.

Amendment 42
Article 18a (new)

Article 18a

Review

The Commission shall submit to the European Parliament
and the Council, not later than three years after the date of
implementation of this Directive, a report on its impact on
economic operators and consumers, in particular as regards
the provisions on unsolicited communications. Where appro-
priate, the Commission shall submit proposals to amend this
Directive, taking account of the results of that report, any
changes in the sector and any other proposal it may deem
necessary in order to improve the effectiveness of this Direc-
tive.

European Parliament legislative resolution on the proposal for a European Parliament and Council
directive concerning the processing of personal data and the protection of privacy in the elec-
tronic communications sector (COM(2000) 385 ! C5-0439/2000 ! 2000/0189(COD))

(Codecision procedure: first reading)

The European Parliament,

( having regard to the Commission proposal

to the European Parliament and the Council

(COM(2000) 385) (1),

( having regard to Article 251(2) of the EC Treaty and Article 95 of the EC Treaty, pursuant to which

the Commission submitted the proposal to Parliament (C5-0439/2000),

( having regard to Rule 67 of its Rules of Procedure,

(1) OJ C 365 E, 19.12.2000, p. 223.

13.6.2002

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Official Journal of the European Communities

C 140 E/133

Tuesday 13 November 2001

( having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
Affairs and the opinions of the Committee on Legal Affairs and the Internal Market, the Committee on
Industry, External Trade, Research and Energy and the Committee on the Environment, Public Health
and Consumer Policy (A5-0270/2001),

( having regard to the second report of the Committee on Citizens’ Freedoms and Rights, Justice and

Home Affairs (A5-0374/2001),

1.

Approves the Commission proposal as amended;

Asks to be consulted again should the Commission intend to amend the proposal substantially or

2.
replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

7. Europol: Fighting international crime/Transmission of personal data *

A5-0370/2001

1.
Initiative of the Kingdom of Belgium and the Kingdom of Sweden with a view to adopting a
Council decision extending Europol’s mandate to deal with the serious forms of international
crime listed in the Annex to the Europol Convention (9093/2001 ! C5-0266/2001 ! 2001/
0817(CNS))

The initiative was amended as follows:

INITIATIVE OF THE KINGDOM OF BELGIUM
AND THE KINGDOM OF SWEDEN (1)

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 1a (new)

(1a) The Commission should submit by the end of 2001 a
proposal for the comprehensive reform of the instruments of
police and judicial cooperation,
including revision of the
Europol Convention to bring it into line with the highest
standards and methods of democratic control of the police
forces of the Member States. That comprehensive reform
should aim to bring those instruments gradually within the
scope of the EC Treaty, to strengthen judicial control by the
Court of Justice of the European Communities and to fund
those instruments through the Community budget.

Amendment 2
Recital 2

(2) The effectiveness of the cooperation within the framework
of the Europol Convention would be enhanced if Europol,
within certain prioritised areas, could perform its tasks in
respect of all aspects of international organised crime listed in
the Annex to the Europol Convention.

(2) Pending such reform, the effectiveness of the cooperation
within the framework of the Europol Convention would be
enhanced if Europol, within certain prioritised areas, could per-
form its tasks in respect of all aspects of international organised
crime listed in the Annex to the Europol Convention.

(1) OJ C 176, 21.6.2001, p. 26.