WRITTEN QUESTION E-3208/02 by Kathleen Van Brempt (PSE) to the Commission. Internet voting.
Date: 2002-11-12
Institutions: European Parliament, Provisional data
Subjects: EU programme, European Parliament, Internet, competence of the Member States, electronic voting, information society, research and development, vote

C 242 E/48

Official Journal of the European Union

EN

9.10.2003

(2003/C 242 E/047)

WRITTEN QUESTION P-3184/02

by Robert Evans (PSE) to the Commission

(31 October 2002)

Subject: Disability Living Allowance

In response to my previous question E-1347/02 (1) Commissioner Diamantopoulou stated that
the
Commission was examining the continued exclusion of certain benefits (including the Disability Living
Allowance) from Regulation (EEC) 1408/71 (2).

Could the Commission inform me of any progress it has made in this matter or when it expects to
conclude its investigation?

(1) OJ C 277 E, 14.11.2002, p. 191.
(2) OJ L 149, 5.7.1971, p. 2.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(6 December 2002)

The Commission has held bilateral discussions with a number of Member States concerning the benefits
they have listed in Annex IIa to Regulation (EEC) No 1408/71 (1), which are exempt from the principle of
exportation. In the case of the United Kingdom this includes Disability Living Allowance (DLA). These
discussions have allowed the Commission to further its detailed understanding of the benefits in question.

in
The Commission is now considering a legislative proposal amending Regulation (EEC) 1408/71,
particular its Annex IIa. The aim of such a proposal would be to remove from Annex IIa benefits which do
not meet the criteria of being ‘special’ and non-contributory as defined by the European Court of Justice.
The forecasts are that the Commission will consider this proposal by the Spring 2003, and, when adopted,
it will then present it to the Council and Parliament.

(1) Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed
persons and their families moving within the Community, updated by Regulation (EC) No 118/97 of 2 December
1997 (cid:1) OJ L 28, 30.1.1997.

(2003/C 242 E/048)

WRITTEN QUESTION E-3208/02

by Kathleen Van Brempt (PSE) to the Commission

(12 November 2002)

Subject: Internet voting

What is the Commission’s view of conducting elections via the Internet?

When will all voters be able to vote via the Internet in European elections?

Are pilot projects in the pipeline for 2004? If so, where?

Is the Commission funding these projects? If so, what is the amount involved?

Answer given by Mr Vitorino on behalf of the Commission

(23 December 2002)

The Honourable Member’s question concerns voting via internet in elections to the Parliament. Voting
methods, like internet voting, are part of electoral procedures, which, pursuant to Article 7(2) of the 1976
Act (1), shall be governed in each Member State by its national provisions. This principle was not changed
but confirmed by recent Council Decision 2002/772/EC amending the 1976 Act (2).

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Official Journal of the European Union

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Therefore, it is up to the Member States to decide, whether they will introduce internet-voting mechanisms
for the parliamentary elections.

There have been some pilot projects on multi-channel and electronic voting in the Member States. It was,
for example, possible to vote via internet for certain local authorities at local elections of May 2002 in the
United Kingdom. However, the Commission is at the moment not aware of any Member State, or of any
candidate country, whose citizens should be able to participate to the next elections to Parliament, which
would plan pilot projects on electronic voting for the elections to the Parliament in June 2004.

the 5th Framework
the Information Society Technologies (IST) programme of
In the context of
Programme, the Commission has been supporting research and technological development (RTD) projects
on electronic democracy, including on-line voting. The RTD projects addressing the issue of on-line voting
include Cybervote (an innovative cyber voting system for Internet terminals and mobile phones), E-POLL
(Electronic polling system for remote voting operations), and EURO-CITI (European cities platform for on-
line transaction services). An accompanying measure called EVE (Evaluating practices and validating
technologies in e-Democracy and e-Voting) aims at leveraging individual efforts for common benefits in
the field of electronic democracy.

(1) Act of 20 September 1976 concerning the election of the representatives of the European Parliament by direct

universal suffrage, annexed to Decision 76/787/ECSC (cid:1) OJ L 278, 8.10.1976.

(2) Council Decision 2002/772/EC, Euratom of 25 June and 23 September 2002 amending the Act concerning the
election of the representatives of the European Parliament by direct universal suffrage (cid:1) OJ L 283, 21.10.2002.

(2003/C 242 E/049)

WRITTEN QUESTION P-3217/02

by Arlene McCarthy (PSE) to the Commission

(7 November 2002)

Subject: Competition policy and collective management societies

While EU competition policy recognises the role of copyright management societies in safeguarding the
its members, does the Commission consider in the case of BIEM (Bureau
rights and interests of
Internationale des Sociétés Gérant les Droits d’Enregistrement et de Reproductions Mechaniques) that the
fixing of royalty rates at EU level, different to those operated in either Japan or in the UK, constitutes an
abuse of a dominant position?

Does the Commission believe that such exclusive rights of copyright management are being exploited in a
manner that is both restrictive to competition, contributing to unfair trading and commercial practices,
and are detrimental to the consumer?

What steps is the Commission taking to investigate such practices by BIEM?

Would the Commission agree that in light of technological and commercial developments, in particular
the practices and operations of collecting societies should be made more
digital distribution,
in line with EU
transparent
competition policy?

to identify the origin, destination and purpose of royalties charged,

that

Answer given by Mr Monti on behalf of the Commission

(9 December 2002)

The application of different royalty rates in the EU constitutes abuse of a dominant position within the
meaning of Article 82 of the EC Treaty only if the highest rates are regarded as excessive and the
differences are not justified for objective reasons. It is therefore not possible to lay down as a general and
abstract rule that there is abuse of a dominant position simply because different royalty rates are charged,
without taking account of the particular features of each case. As the Court of Justice held in Tournier and
‘Article 82 (ex 86) of the Treaty must be interpreted as meaning that a national copyright-
Lucazeau,