WRITTEN QUESTION E-1738/02 by Richard Corbett (PSE) to the Commission. Malta.
Date: 2002-06-17
Institutions: European Parliament, Provisional data
Subjects: EU national, Malta, accession to the European Union, application of EU law, free movement of persons, human rights, public safety

17.4.2003

EN

Official Journal of the European Union

C 92 E/87

terminals for bankcard transactions in shops uses an advanced
The system of electronic payment
technology which reads the microchip data in each card. Cash machines also rely on the microchips in
bankcards for security checking the card pin code. However, not all the cards issued by banks in the
various Member States bear a microchip …

Given the above, and the upsurge in this type of fraud, will the European Commission ensure greater
standardisation of bankcard security mechanisms, which would allow European citizens to use this
increasingly popular payment method in total security?

Answer given by Mr Bolkestein on behalf of the Commission

(26 July 2002)

The Commission is aware of the increase of bank card fraud and agrees with the Honourable Member that
it is essential to introduce chip cards in all Member States in order to reduce counterfeit fraud. In fact, at
the moment the main source of payment fraud in the Community is counterfeit cards, accounting for
approximately 30 % of the losses. The payment card schemes and the banks are committed to introduce
chip cards in all Member States by 2005. The deadline is due to the huge number of cards to be re-issued
and of the equipment (terminals, automated teller machines, etc) to be replaced or modified.

To prevent fraud and counterfeiting of non-cash payments, the Commission adopted in February 2001 a
three-year Fraud Prevention Action Plan (1). Security improvements are the main priority of the Action
Plan, which supports the introduction of the highest economically viable level of security.

The Commission will organise in 2003 a Conference on the security of payments in the Internal Market,
with a view to improve information on the security of modern payment products and systems. Discussions
on the progress in the migration to chip cards in the Union take place regularly at the meetings of the EU
Fraud Prevention Experts Group, the steering group for the implementation of the Fraud Prevention Action
Plan.

The E-europe Smart Card Action Plan also provides for initiatives aimed at promoting the use of chip
cards for payment applications, which also cover standardisation issues.

(1) Communication from the Commission ‘Preventing fraud and counterfeiting of non-cash means of payment’,

COM(2001) 11 final.

(2003/C 92 E/089)

WRITTEN QUESTION E-1738/02

by Richard Corbett (PSE) to the Commission

(17 June 2002)

Subject: Malta

Is the Commission aware the police force of Malta can, and sometimes does, refuse entry to Malta to EU
citizens without needing to give a reason? Is the Commission aware that such action is sometimes taken
against a citizen without there having been any criminal or other charges or previous convictions against
the person in question, and that this has even been done against an EU citizen possessing legally owned
property (house) in Malta?

Can the Commission confirm that such behaviour will not be in conformity with EU law once Malta joins
the European Union?

Have such matters been raised in the accession negotiations with Malta?

Does the Commission agree that, in any case, this is an infringement of Article 1 of Protocol 1 (Protection
of Property) of the European Convention on Human Rights which states that ‘Every natural or legal person
is entitled to the peaceful enjoyment of his possessions’?

C 92 E/88

Official Journal of the European Union

EN

17.4.2003

Answer given by Mr Verheugen on behalf of the Commission

(25 July 2002)

The Commission wishes to stress that, as Malta is not yet a Member State of the European Union, it is not
yet bound by Community legislation.

Nevertheless, once Malta becomes a full Member,
the Community legal
provisions related to the right to free movement, including rules governing measures taken in order to
restrict this right (e.g. refusal of entry).

it will have to implement

The right to free movement is a fundamental and personal right, which is conferred to each citizen of the
Union by the Treaty establishing the European Community (Article 18). Restrictions to these rights are
only allowed on grounds of public policy, public security or public health.

Measures (such as denial of entry or an expulsion order) taken by Member States on those grounds,
however, may only be used in compliance with Council Directive 64/221/EC of 25 February 1964 on the
co-ordination of special measures concerning the movement and residence of foreign nationals which are
justified on grounds of public policy, public security or public health (1), which provides for certain
safeguards and guarantees in order to limit the discretionary power of Member States in this respect. It
aims to ensure that the fundamental right to free movement is protected, in accordance with the European
Court of Justice case law, which has interpreted its provisions.

Measures taken on grounds of public order or public security have to be based exclusively on the personal
conduct of the individual concerned and to be motivated by a present and sufficiently serious threat
affecting one of the fundamental interests of society. They have to be applied in accordance with the
principle of proportionality.

Within the context of the accession negotiations currently underway between Malta and the Union, the
Commission monitors closely the degree to which Malta is adapting its national legislation to comply with
Community law. It will continue to do so to ensure that, by the time of accession, Malta fully complies
with all aspects of Community legislation related to the Free Movement of Persons enshrined in the Treaty
on the European Union, and in accordance with the provisions of Council Directive 64/221/EC.

As far as article 1 of Protocol 1 of the European Convention on Human Rights is concerned, the
Commission has no sufficient elements to assess whether a violation exists. The Commission wishes to
stress that the right to own property is recognised by Article 17 of the Charter of fundamental rights of the
Union.

(1) OJ P 56, 4.4.1964.

(2003/C 92 E/090)

WRITTEN QUESTION E-1742/02

by Camilo Nogueira Román (Verts/ALE) to the Commission

(19 June 2002)

Subject: The presidency of the European Council and the presidency of the European Commission

The proposals made by certain prime ministers, for example those of the United Kingdom and Spain, with
a view to reforming the presidency of the European Council, whereby a permanent President would be
elected for a term of several years, are incompatible with the European Commission’s position set out in
the report ‘A Project for the European Union’ which even proposes merging, within the Commission, the
functions of the High Representative and the Commissioner for External Relations. In view of this, what
does the Commission think of the prime ministers’ reform proposals?

Answer given by Mr Prodi on behalf of the Commission

(1 August 2002)

The Commission has noted with interest the various proposals put forward for the reform of the European
Council. As these reforms require amendment of the Treaties, they must be examined in the context of the
proceedings of the European Convention. It is in this context that the Commission will take a position at