WRITTEN QUESTION E-1828/02 by Pere Esteve (ELDR) to the Commission. Persons missing in unknown circumstances.
Date: 2002-06-27
Institutions: European Parliament, Provisional data
Subjects: EU programme, access to information, case study, children's rights, company constituted under civil law, confidentiality, forced disappearance, report

C 92 E/96

Official Journal of the European Union

EN

17.4.2003

2. What can Commission do to ensure, in a virtual monopoly situation, that it is possible to go on
using and upgrading software purchased earlier, particularly in the light of the letter of 22 May 2002 from
the Dutch Competition Authority to NGN and the answer given by the Netherlands Government to
parliamentary questions by members of the national assembly on 2 November 2001 (TK No 198), in
which it suggested that the matter be referred to the Commission because of its transfrontier nature?

3. What is the current position regarding the points raised in paragraphs 4, 5, 6 and 7 of my written
question E-3111/01 (1) on Microsoft’s bundled sales policy, most of which the Commission left unanswered
on 14 January 2002 because Microsoft’s replies were still being examined and it had therefore not been
able to reach any conclusions?

(1) OJ C 147 E, 20.6.2002, p. 97.

Answer given by Mr Monti on behalf of the Commission

(31 July 2002)

The Commission has taken note of

1.
Commission is aware of the general terms of Microsoft’s revised ‘upgrade’ licensing policy.

the complaint by NGN against Microsoft. Moreover,

the

2.
For reasons of efficient allocation of its limited resources and in light of its ongoing case against
Microsoft, the Commission agreed with several national competition authorities in 2001 that these
competition authorities would conduct the first analysis of Microsoft’s ‘upgrade’ licensing policy. Taking
into account the work that has been done by the relevant national competition authorities on this issue,
the Commission is currently examining with these authorities the most efficient way to carry the
investigation forward.

As regards the Commission’s ongoing investigation, Microsoft made its final submissions to the file

3.
in April 2002. The Commission is now completing its analysis of this file (20 000 pages).

(2003/C 92 E/099)

WRITTEN QUESTION E-1828/02

by Pere Esteve (ELDR) to the Commission

(27 June 2002)

Subject: Persons missing in unknown circumstances

In Resolution 2001/C 283/01 (1) on the contribution of civil society in finding missing or sexually
exploited children the Council calls on the Commission to carry out research on the matter, and to prepare
a report on the basis of the research by the end of the year.

Is the Commission preparing the above-mentioned research and report, and, if so, would it be possible to
extend their scope to include minors and adults who are missing in unknown circumstances?

Will the Commission draft legislation on missing persons, as has been done in the case of missing or
sexually exploited children?

(1) OJ C 283, 9.10.2001, p. 1.

Answer given by Mr Vitorino on behalf of the Commission

(22 July 2002)

Following Resolution 2001/C 283/01, the Commission has put forward, in the context of the STOP II
Programme, a proposal for a study to be drawn up. The STOP II Committee will meet on 24 July 2002 in
order to develop its opinion on the proposal of the Commission.

17.4.2003

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Official Journal of the European Union

C 92 E/97

The first part of the study concerns the actual extent of the phenomenon of missing or sexually exploited
children. The second part of the study is intended to give an overall view on the existence, role and
structure of the civil society organisations in the Members States actively supporting the search for missing
or sexually exploited children. The third part of the study is to examine the legal issues arising from the
involvement of the civil society organisations in the Member States actively supporting the search for
missing or sexual exploited children, in particular the issues concerning competent authorities sending
confidential information to such organisations. Three round tables will also be organised during the course
of the study.

Currently the Commission has no plans to draft legislation specifically addressing missing persons.

(2003/C 92 E/100)

WRITTEN QUESTION E-1830/02

by Graham Watson (ELDR) to the Commission

(27 June 2002)

Subject: Deportation of British subjects

Is the Commission aware of the actions of Cyprus with regard to the deportation of two British nationals?
Does the EU Enlargement Directorate monitor the deportation process of Cyprus?

Answer given by Mr Verheugen on behalf of the Commission

(26 July 2002)

The Commission is aware of certain cases of deportation of British nationals in Cyprus and the
Commission has had several exchanges of correspondence with the deportees.

The Commission wishes to stress that, as Cyprus is not a Member State, it is not bound by the Community
legislation.

Nevertheless, once Cyprus becomes a full member of the Union, it will have to abide by Community Law
and adapt its national law in order to respect the right to free movement of persons, including rules
governing measures taken in order to restrict this right (e.g. expulsion).

The right to free movement of persons is a fundamental and individual right, which is conferred to each
citizen of the Union by the Treaty establishing the European Community itself (Article 18). Restrictions to
these rights are possible 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 Cyprus and the Union, the
Commission monitors closely the process of alignment of Cypriot domestic legislation with Community
law and Cyprus’ capacity to implement this Community legislation. It will continue to do so to ensure that,
by the time of accession, Cyprus fully complies with all aspects of Community law related to the Free
Movement of Persons enshrined in the EC Treaty, and in accordance with the provisions of Council
Directive 64/221/EC.

(1) OJ P 56, 4.4.1964.