WRITTEN QUESTION E-2360/02 by Charles Tannock (PPE-DE) to the Commission. Air Safety in the light of the Überlingen disaster.
Date: 2002-08-02
Institutions: European Parliament, Provisional data
Subjects: Switzerland, air safety, air space, air traffic control, common transport policy

6.3.2003

EN

Official Journal of the European Union

C 52 E/157

Directive 95/46/EC of the Parliament and of the Council of 24 October 1995, on the protection of
individuals with regard to the processing of personal data and on the free movement of such data (3)
regulates the processing of personal data that are used for sending unsolicited mail.
In particular,
Article 14(b) of this Directive provides for the right of the data subject to object (on request and free of
charge) to the processing of personal data relating to him which the controller anticipates being processed
for the purposes of direct marketing, or to be informed before personal data are disclosed for the first time
to third parties or used on their behalf for the purposes of direct marketing. Then the data subject must be
expressly offered the right to object (free of charge) to such disclosures or uses. In addition, Member States
must take the necessary measures to ensure that data subjects are aware of the existence of this right.

in particular e-commerce,

Directive 2000/31/EC of the Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services,
(the e-commerce
Directive) (4), as well as Directive 97/7/EC of the Parliament and of the Council of 20 May 1997, on the
protection of consumers in respect of distance contracts (the Distant Selling Directive) (5) are without
prejudice to this data protection regime. For other means of distance communication, such as printed mail,
Article 10(2) of the Distant Selling Directive obliges Member States to ensure that they may be used in
distance sales only where there is no clear objection from the consumer. The importance of this so-called
‘opt-out’ model is underlined by recital 17. Article 12(2) of Directive 97/7/EC assures the application of its
rules vis-à-vis third countries.

in the internal market

Article 7 of the e-commerce Directive requires in particular that unsolicited commercial communication
must be clearly identifiable and unambiguously as such.
In Member States permitting unsolicited
commercial e-mails, service providers should regularly consult and respect the opt-out registers in which
natural persons not wishing to receive such commercial communication can register themselves (see also
recitals 30 and 31). These registers, sometimes illustratively labelled ‘Robinson lists’, enable the consumer
to prevent spamming in e-commerce. Those Member States which have established an opt-out system will
have to adapt their national legislation to the mentioned new Directive 2002/58/EC on privacy for the
sending of unsolicited commercial communications to natural persons. Nonetheless, the new opt-in regime
does not automatically apply to legal persons (Article 13.5 of Directive 2002/58/EC). However, Member
States do need to ensure that
legal persons with regard to unsolicited
communications are sufficiently protected.

the legitimate interests of

Similarly, Article 10.2 of the Directive on the distance marketing of consumer financial services, adopted
on 26 June 2002 (6), follows the opt in/opt out approach for unsolicited mail or telephone calls. Member
States have the choice between banning unsolicited communications unless prior consent has been sought,
or else allowing them on condition that the consumer has not expressed his manifest objection. The
Distance Marketing Directive is also without prejudice to the new rules covered under Directive 2002/58/
EC.

(1) OJ L 24, 30.1.1998.
(2) OJ L 201, 31.7.2002.
(3) OJ L 281, 23.11.1995.
(4) OJ L 178, 17.7.2000.
(5) OJ L 144, 4.6.1997.
(6) Not published yet.

(2003/C 52 E/175)

WRITTEN QUESTION E-2360/02

by Charles Tannock (PPE-DE) to the Commission

(2 August 2002)

Subject: Air Safety in the light of the Überlingen disaster

Following the collision of a Russian airliner and a cargo aircraft over Überlingen at the beginning of July in
which seventy-one people, mostly children, were killed, a number of system failures were identified. These
included the switching-off of a collision warning system as well as a telephone system at the Zurich

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Official Journal of the European Union

EN

6.3.2003

headquarters of the Swiss air-traffic control authorities as well as an unauthorised absence of one of the
duty controllers at the time of the crash. In addition, there are reports that the radar used by the Swiss
authorities did not meet standards laid-down by Eurocontrol.

Without prejudice to the findings of the accident investigators, what lessons does the Commission believe
the European Union can learn from the disaster, and what impact does the Commission believe the Single
Sky proposals would have, with particular reference to the quality of ground radar and onboard collision
warning systems?

Answer given by Ms de Palacio on behalf of the Commission

(15 October 2002)

According to the information available at present, the accident occurred in a sector of airspace above
German territory but managed by Swiss air traffic control, as provided for in an agreement between the
two countries, at a moment when there was not much air traffic in that area and shortly after the aircraft
had crossed the boundary separating the German sector and the sector controlled by Switzerland, i.e. the
transfer of the Russian aircraft from one centre to another. The Commission proposals on the Single
European Sky (1) package include measures to harmonise the definition of upper airspace and establish
functional airspace blocks, which should in the long run reduce the number of times aircraft have to be
transferred from one control centre to another and optimise the transfer procedure. Transfer represents a
break in continuity, and, as such, a risk factor.

The Commission proposal on the interoperability of the European air traffic control network (part of the
(radar). The
Single European Sky package) will also have a positive impact on ground equipment
development of interoperable equipment and procedures will benefit the aviation industry throughout
Europe. Switzerland is involved in the Single European Sky initiative, and under the Community/
Switzerland agreement it will adopt part of the Community acquis in the field of air transport.

Within the framework of its research policy, the Commission has for several years been supporting work
on tools which will give pilots a much clearer picture of the flight environment and improve the standard
and relevance of the information supplied to pilots and air traffic controllers. The introduction of these
new instruments and procedures should improve safety and at the same time free up spare capacity.

(1) COM(2001) 123 final and COM(2001) 564 final.

(2003/C 52 E/176)

WRITTEN QUESTION E-2392/02

by Kathleen Van Brempt (PSE) to the Commission

(2 August 2002)

Subject: Phthalates in cosmetics

The American Food and Drug Administration has recently announced that it intends to carry out detailed
investigations on the use of phthalates in cosmetics. Phthalates are carcinogenic substances which cause
damage to kidneys, liver and lungs and affect fertility. Three American environmental groups carried out
independent studies on phthalates in a number of gels, perfumes and creams. The studies looked at
72 samples of which 52 proved to contain phthalates. These included several well-known brands which
are also marketed in Europe, such as Poison by Christian Dior, Nivea Crème, deodorants and hair gels by
Revlon, Calvin Klein and Procter & Gamble.

Is the Commission aware of this study?

Does the Commission know of any European studies on the use of phthalates in cosmetics?