WRITTEN QUESTION E-3440/02 by Marco Cappato (NI) to the Council. Transfer of personal data between Europe and the USA.
Date: 2002-12-02
Institutions: European Parliament, Provisional data
Subjects: Europol, United States, data transmission, disclosure of information, legal basis, personal data, public safety

18.9.2003

EN

Official Journal of the European Union

C 222 E/71

The outcome of the survey gave particular cause for concern regarding the slowness and inefficiency of
local authorities in selecting projects, with funds earmarked for the year 2000 amounting to only 2 % of
total CSF appropriations.

The Commission also has repeatedly expressed serious concern regarding the inadequate take-up of
European funds by local authorities.

Given that it is particularly important for certain local authorities, for example, the Municipality of
Frosinone,
the abuse of women and children, can the
Commission provide the following information:

to utilise Community funding to combat

1. Has the Municipality of Frosinone submitted projects under the Daphne Programme?

2. Was the Municipality of Frosinone awarded funding for these projects?

3. Were the funds in question utilised?

Answer given by Mr Vitorino on behalf of the Commission

(22 January 2003)

The Daphne Programme has not received any proposals from the Municipality of Frosinone since 1997.

(2003/C 222 E/080)

WRITTEN QUESTION E-3440/02

by Marco Cappato (NI) to the Council

(2 December 2002)

Subject: Transfer of personal data between Europe and the USA

During a visit by the European Parliament Delegation for relations with the United States, representatives
of the Europol Washington office indicated that Europol had, on a number of occasions, approved
transfers of personal data with the US authorities but only in cases of life and death, on the responsibility
of the Europol Director and under the supervision of the Board.

Can the Council provide detailed information concerning such procedures and, in particular, the legal basis
on which they are carried out? In how many cases has this occurred involving how many people (of what
nationality) and what data? What reasons of exceptional and vital importance have in the past been put
forward in this connection? Why is that, according to Europol representatives in the USA, there has been
no supply of data in the opposite direction, i.e. from the United States authorities to Europol?

Reply

(5 and 6 May 2003)

Article 2(1)
in conjunction with Article 4 of the Council Act of 12 March 1999 adopting the rules
governing the transmission of personal data by Europol to third States and third bodies (1) provides the
legal basis for the exceptional transmission of personal data to the US where that is absolutely necessary in
order to safeguard the essential interest of the Member States or to prevent imminent danger associated
with crime. The Management Board and Joint Supervisory Body are informed of any such transmission.

The Council is not in a position to provide information regarding the nature of the data transmitted to the
USA nor regarding the reasons for the transmission.

C 222 E/72

Official Journal of the European Union

EN

18.9.2003

In addition, the Council would inform the Honourable Member that at its meeting on 19 December 2002
it authorised the Director of Europol to conclude the draft Supplemental Agreement between the United
States of America and Europol on the exchange of personal data and related information and to exchange
the Letters relating to the Supplemental Agreement.

(1) OJ C 88, 30.3.1999, p. 1.

(2003/C 222 E/081)

WRITTEN QUESTION E-3444/02

by Jorge Moreira Da Silva (PPE-DE) to the Council

(3 December 2002)

Subject: Aggressive advertising in the Member States of the European Union

In order to attract the attention of the ‘targeted’ public, but without considering the harmful effects on
young people, some businesses do not hesitate to display advertising material containing obscene images
in the streets of European towns. Vulgar posters displayed in public places (at bus-stops, entrances to the
underground, etc) are becoming more and more common each year.

Does this mean that in order to sell products all means are acceptable and everything is allowed?

What ethical standards govern advertising in the various EU Member States?

Reply

(5 and 6 May 2003)

The Council understands the Honourable Member’s anxiety to defend the European public’s interests with
regard to the definition of ethical advertising standards. Nevertheless, advertising ethics fall within the
Member States’ sphere of competence. The Council does not have any information on the standards
applicable in each Member State.

With regard to Community competence and in accordance with Article 153 of the Treaty, and with a view
to consumer protection, the Community ‘shall contribute to protecting the health, safety and economic
interests of consumers, as well as to promoting their right to information, education and to organise
themselves in order to safeguard their interests.’

In any event, the Council cannot act in the absence of a relevant Commission proposal. No such proposal
has been submitted to the Council to date.

(2003/C 222 E/082)

WRITTEN QUESTION E-3446/02

by Olivier Dupuis (NI) to the Council

(6 December 2002)

Subject: EU-Russia summit

At the last EU-Russia summit held in Brussels on 11 November last the Council did not, as is usual, use its
own interpreters to translate from Russian into the Community languages what was said by the visitors,
namely the President and delegation from the Russian Federation. Strangely, interpretation from and into
Russian was provided by the visitors’ interpreters. Furthermore, at the press conference held at the end of
the summit, President Putin addressed blatantly racist, offensive and even threatening remarks to an EU
journalist, saying ‘if you want to become an Islamic radical and have yourself circumcised, I invite you to
come to Moscow. We have a multi-denominational country and there are specialists in this field too.
I would recommend that the surgeon ensures that you’ll have nothing growing back afterwards’. None of
this was translated by the Russian interpreters and was not made public in Europe until after it was
reported by the Russian media.