WRITTEN QUESTION E-1179/03 by Maurizio Turco (NI) and Marco Cappato (NI) to the Commission. Operating systems, software and programming and development environments used for the operation of the systems used by Europol.
Date: 2003-04-01
Institutions: European Parliament, Provisional data
Subjects: EU control, Europol, computer system, data processing, data protection, intellectual property, rules of procedure, software

6.3.2004

EN

Official Journal of the European Union

C 58 E/49

(2004/C 58 E/065)

WRITTEN QUESTION E-1151/03

by Richard Corbett (PSE) to the Commission

(1 April 2003)

Subject: Pricing of medicines sold in developing countries

In October 2002 the Commission submitted a proposal to Council based on Article 133 of the Treaty
relating to the tiered pricing of medicines sold in developing countries. The proposal is now subject to
industry’s
massive, negative and highly inappropriate industry lobbying based on the pharmaceutical
continuing desire to be able to charge high prices in poor countries, therefore denying access to medicines
for millions. The underlying philosophy of the proposal is essentially developmental and not only trade
related. However, the Commission’s choice of legal base has resulted in industry lobbying being conducted
in closed meetings and entirely out of public view, with Member State officials and the Commission being
almost besieged by pharmaceutical industry lobbyists.

Should Council seek to amend the proposal significantly, will the Commission consider re-submitting the
proposal based on joined legal bases of Articles 133 and 179, thereby allowing the proposal to be adopted
by codecision, which would surely have been a more appropriate legal base in the first place?

Answer given by Mr Lamy on behalf of the Commission

(30 April 2003)

The Commission concurs to the statement of the Honourable Member that the proposal for a Regulation
to avoid the trade diversion of certain key medicines, submitted to Council on 30 October 2002 (1),
continues to be the subject of massive industry lobbying, addressed to both Member States and the
Commission.

The Commission is confident that Member States’ governments, like the Commission itself, make their
decisions not only on the basis of input from lobbyists, but are capable to find the necessary equilibrium
between all
the
in addition to industry input,
Commission has, of course, equally taken into account the views expressed by other interested parties.

interests and policy objectives concerned. Moreover,

Considering that the discussions in the Council are still ongoing, the Commission considers the question
submitted by the Honourable Member to be premature.

(1) OJ C 45 E, 25.2.2003.

(2004/C 58 E/066)

WRITTEN QUESTION E-1179/03

by Maurizio Turco (NI) and Marco Cappato (NI) to the Commission

(1 April 2003)

Subject: Operating systems, software and programming and development environments used for the

operation of the systems used by Europol

Can the Commission answer the following:

1. What are the operating systems, software and programming and development environments used for

the operation of the systems used by Europol?

2. What legal rules on intellectual property apply to these IT programmes?

3. Does the European Union have the right to check the source codes of all software infrastructures, and
have such checks actually been carried out to ascertain that the systems are not defective, do not
generate errors (with particular reference to mistaken identity) and do not have security failings which
could jeopardise Europol’s objectives?

C 58 E/50

Official Journal of the European Union

EN

6.3.2004

Answer given by Mr Vitorino on behalf of the Commission

(21 May 2003)

According to Article 29 of the Europol Convention, the day-to-day management of Europol
is the
responsibility of the Europol Director. This includes the monitoring of the adequate processing of data by
Europol.

Pursuant to Article 24 of the Convention the responsibility for monitoring the adequacy of data processing
lies with the Joint Supervisory Body (JSB). The task of the JSB is in particular to ensure that the rights of
individuals are not violated by the storage, processing and utilisation of the data held by Europol. If the JSB
notes any violations of the provisions of the Europol Convention, it shall make any complaints it deems
necessary to the Director of Europol. The Director shall keep the Management Board, in which all the
Member States and the Commission are represented, informed of the entire procedure. In the event of any
difficulty, the JSB shall refer the matter to the Management Board.

The Commission has no responsibility for the development or administration of Europol operating systems
or other software used at Europol and does not have any access to their Information Technology (IT)
systems. The Commission, which attends the Management Board of Europol in an observer capacity, is not
aware of any reported complaints of the JSB on this issue.

Information on contractual obligations on intellectual property applying to the Europol systems should be
requested by the Honourable Members to Europol.

(2004/C 58 E/067)

WRITTEN QUESTION P-1204/03

by Niels Busk (ELDR) to the Commission

(25 March 2003)

Subject: Government aid to Italian farmers

Does the Commission take the view that Italy has implemented the milk quota system satisfactorily on
individual farms and, if so, how does the Commission explain the fact that 93 % of Italian milk producers
have been able to exceed the milk quotas?

Has the Commission authorised the Italian Government to pay EUR 411 million to cover Italian milk
producers’ massive overshoot of their production quotas, and can the Commission confirm that the
exemptions from paying additional levies granted to Italian milk producers amount to EUR 411 million in
direct government aid to milk production in Italy?

Answer given by Mr Fischler on behalf of the Commission

(26 May 2003)

The Commission can indicate that about a third of Italian producers have exceeded their milk quota over
one or more of the periods 1995-1996 to 2000-2001.

A major difficulty that has arisen and continues to arise in the Italian management of milk quota is the fact
that the levy bills are almost systematically litigated in the Italian courts. This is notably due to the delay
accumulated by the Italian authorities in implementing the regime.

The Commission can inform the Honourable Member that the Italian Government is seeking authorisation
not from the Commission but from the Council of Ministers, under article 88(2) third subparagraph of the
EC Treaty, for state aid measures in favour of producers with outstanding levy payments. The Commission
will follow developments and reserves the right to take any action that appears appropriate.