WRITTEN QUESTION E-3146/02 by Theresa Zabell (PPE-DE) to the Commission. Advertising messages from mobile phone operators.
Date: 2002-11-04
Institutions: European Parliament, Provisional data
Subjects: advertising, approximation of laws, data protection, personal data, protection of privacy, radio telecommunications, regulation of telecommunications, trans-European network, transmission network

C 155 E/98

Official Journal of the European Union

EN

3.7.2003

(2003/C 155 E/109)

WRITTEN QUESTION E-3146/02

by Theresa Zabell (PPE-DE) to the Commission

(4 November 2002)

Subject: Advertising messages from mobile phone operators

It is becoming increasingly common for people to move backwards and forwards between different EU
countries. While on the one hand we have managed to make life easier with things as advanced as the
euro (cid:1) in other words one currency for almost all Europeans (cid:1) national borders have proved insuperable
in an area as fundamental as cellular phone communications, even though some operators already have
telecommunications companies in different EU countries.

It is hard to understand why an additional charge should nowadays be made for roaming, and harder still
to have to listen to advertising messages every time one enters a new mobile phone area.

These messages, which promote an operator’s own services, should only be sent to those users who wish
to receive them. At present, users receive these messages on their phones every time there is an automatic
switch of operator, be it on crossing a national border or on entering a new mobile phone area within the
same country.

Is it not possible to limit the use of self-promotional advertising by mobile phone operators?

Answer given by Mr Liikanen on behalf of the Commission

(11 December 2002)

Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the
electronic communications sector (Directive on privacy and electronic communications) (1) was adopted by
the European Parliament and the Council on 12 July 2002. This Directive includes a provision that
including SMS (2) messages, without prior consent of the
prohibits the sending of commercial e-mail,
recipient. The only exception to this rule will be for commercial messages in the context of an existing
customer relationship. But in such cases messages may only be sent by the company who has sold a
product or service to the addressee of the message. Moreover, this company has to offer the right to refuse
further commercial messages with each message. Member States have until 31 October 2003 to transpose
this provision in national law.

As a consequence of the new Directive, the practice of self promoting SMS messages sent to mobile users
roaming from one network to another, as referred to by the Honourable Member, will have to stop as of
1 November 2003 at the latest. Only the operator with whom the mobile user has a contract may send
such messages but only if he has offered his subscriber a right to object at the time of concluding the
contract and provided that he continues to offer this right with each SMS message.

(1) OJ L 201, 31.7.2001.
(2) Short message service.

(2003/C 155 E/110)

WRITTEN QUESTION E-3151/02

by Ilda Figueiredo (GUE/NGL) to the Commission

(4 November 2002)

Subject: Moratorium on the authorisation of new genetically modified organisms

On 17 October 2002 the Commission expressed its satisfaction regarding the implementation of
Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms
(GMOs) (1). It took the view that the conditions were right to resume the GMO authorisation procedure or
in other words lift the de facto moratorium that has been in place for some four years. It is now hoping