WRITTEN QUESTION E-1942/02 by Jens-Peter Bonde (EDD) to the Commission. Prostitution as an occupation.
Date: 2002-07-03
Institutions: European Parliament, Provisional data
Subjects: Sweden, competence of the Member States, fight against crime, prostitution, trafficking in human beings

12.12.2002

EN

Official Journal of the European Communities

C 309 E/177

where registrars, registrants and the Registry are included, WHOIS databases are an essential instrument to
promote users’ confidence and to allow the good functioning of the. eu TLD. In order to ensure that
WHOIS databases are efficiently used, it is necessary to take into account all legitimate interests.

Which mechanisms does the Commission intend to implement to ensure that IP rights holders have a
direct and fast access to WHOIS databases and obtain all necessary information to protect their rights?

(1) OJ L 113, 30.4.2002, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(26 August 2002)

Regulation 733/2002/EC of the Parliament and of the Council of 22 April 2002 on the implementation of
the. eu Top Level Domain (TLD) (1) provides in Article 5, paragraph 1 as part of the public policy
provisions the ‘treatment of intellectual property and other rights’. Within this framework the Commission
is required to adopt public policy rules for the implementation of the. eu TLD, in accordance with the
procedure described in Article 6, paragraph 3 of the Regulation and after consultation with the selected
Registry. These public policy rules would also aim at ensuring an adequate level of protection for
intellectual property rightholders in addition to the possibility provided already in the Regulation for
holder of prior rights recognised or established by national and/or Community law to register their names
during a ‘sunrise’ period.

The purpose of the Whois database is the provision of information about the technical points of contact
that administer the different domain names of a particular TLD. When adopting the public policy rules, the
Commission will take into account all the legitimate interests at stake and comply with the existing
community legal framework.

In particular, it should be stressed that general information about information society service providers are
required to be accessible under the Directive 2000/31/EC (Directive on electronic commerce) and that
following recital 12 of the Regulation, ‘Who is’ type of databases should be in conformity with Community
law on data protection and privacy.

(1) OJ L 113, 30.4.2002.

(2002/C 309 E/205)

WRITTEN QUESTION E-1942/02

by Jens-Peter Bonde (EDD) to the Commission

(3 July 2002)

Subject: Prostitution as an occupation

An article appeared in Svenska Dagbladet on 8 June 2002 concerning prostitution as a legitimate
occupation on an equal footing with other jobs.

What is the Commission’s position on this view (which I do not share)?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 August 2002)

The Commission would first remind the Honourable Member that the issue in question falls within the
national competence of the Member States and that each Member State may opt either to consider
prostitution as a form of exploitation to be abolished or as an occupation to be regulated. The dividing

C 309 E/178

Official Journal of the European Communities

EN

12.12.2002

line between those two approaches lies in the distinction made between ‘free’ and ‘forced’ prostitution,
while both camps agree as to the decriminalisation of prostitution and the punishment of those who
procure, entice or lead away, for purposes of prostitution, another person even with his/her consent.

In this context, and in order to tackle the transnational aspects of it, the Union has launched several
actions in order to combat trafficking in human beings. These include the STOP programme and the
recently adopted Council Framework Decision of 19 July 2002 on combating trafficking in human
beings (1).

(1) OJ L 203, 1.8.2002.

(2002/C 309 E/206)

WRITTEN QUESTION E-1945/02

by Mihail Papayannakis (GUE/NGL) to the Commission

(3 July 2002)

Subject: Health implications of mobile-phone use

Research carried out by scientists at the Finnish Radiation and Nuclear Safety Authority (published in the
European press on 20 June 2002) shows that radiation from mobile phones may cause damage to the
system supplying blood to the brain. In particular, it was established that exposing brain cells to radiation
from mobile phones causes damage to the ‘security barrier’ which prevents harmful substances in blood
from reaching the brain.

In view of the fact that a research study carried out by a scientific committee on behalf of the Commission
into the ‘possible effects of electromagnetic fields, radio frequencies and microwave radiation on human
health’ does not rule out exposure to very low-frequency magnetic fields causing cancer in humans and
that, in reply to my previous question on the same subject (H-0254/00) (1), the Commission stated that it
did not have reliable information establishing a direct link between the level of radiation emissions from
mobile phones and possible effects on health, what is the Commission’s evaluation of this new data and
what measures will it propose to protect consumers?

(1) Written answer of 11.4.2000.

Answer given by Mr Busquin on behalf of the Commission

(20 August 2002)

The study referred to in the written question of the Honourable Member was cited in the press in Finland
already in April 2002 and in the European press in June. It was claimed that a study conducted by the
Radiation and Nuclear Safety Authority (STUK) in Finland had found that exposing human cells to one
hour of radiation from mobile phones triggered a response which normally only occurs when cells are
being damaged. It was also claimed that these changes in the human cells could disable a safety barrier,
which was meant to protect the human brain from harmful substances in the blood and that if occurring
repeatedly over a long period of time, might become a health hazard and cause brain tissue damage.

The study in question is part of a project supported under the 5th Community Research and Technological
Development Framework Programme, Quality of Life, Key Action 4: Environment and Health. The project
is called Reflex (Risk evaluation of potential environmental hazards from low-energy electromagnetic field
exposure using sensitive in vitro methods). It is due to end in August 2003 and only then it will be
possible to draw any definitive conclusions from it or to propose further research needs.