WRITTEN QUESTION E-1728/03 by Adriana Poli Bortone (UEN) to the Commission. Fight against the abuse of human beings and the sexual abuse of children.
Date: 2003-05-23
Institutions: European Parliament, Provisional data
Subjects: EU police cooperation, EU programme, fight against crime, framework decision, judicial cooperation in criminal matters in the EU, paedophilia, prostitution, sexual tourism, trade in organs, trafficking in human beings

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3.4.2004

(cid:1) When those multi-functional cards issued in Portugal are used in other Member States, the debit
function is not available and only the credit function can be used to withdraw money at ATMs.
The charges in that case are the same as compared to the use of the credit function in Portugal.

The Commission draws the following conclusions:

(cid:1) As regards cash withdrawals using the credit function, the charges are the same for cross-border and

national transactions, in conformity with the notion of ‘corresponding payments’.

(cid:1) Cash withdrawals are possible on a cross-border basis. However, the debit function cannot be used
outside Portugal. Multi-functional cards issued in Portugal are therefore not fully usable in other
Member States at the same conditions as in Portugal. In particular, it can be concluded that the service
of cash withdrawals in euros is not available at the same conditions inside and outside Portugal. This
difference in available options does not seem, prima facie, to respect the spirit of Regulation (EC)
No 2560/2001.

According to information provided by Portuguese banks, in addition to payment cards combining both the
debit and the credit function, as described above, there are also ‘pure’ debit cards (only carrying the
immediate debit function), which allow cardholders to withdraw euro cash in Portugal and in other
Member States free of charge. The Commission will endeavour to obtain data from the Portuguese
authorities on the relative use in the market of multi-functional cards as compared to pure debit cards to
evaluate the importance of the problem.

It should also be noted that, according to Article 4 of Regulation (EC) No 2560/2001, cardholders shall be
supplied with prior information on the charges levied for cross-border payments as well as for national
payments. In addition, Commission Recommendation 97/489/EC of 30 July 1997 concerning transactions
instruments and in particular the relationship between issuer and holder (5)
by electronic payment
establishes in Article 3, §3, that the terms of the contract between a cardholder and his bank shall at least
include ‘a description of the electronic payment instrument (…), and the way in which it can be used,
including the financial limits applied, if any’. Cardholders using multi-functional cards outside Portugal
should therefore be informed about the services provided and their price.

The Commission will pursue the contacts undertaken with Portuguese authorities in order to determine
whether Regulation (CE) No 2560/2001 is being properly implemented by Portuguese banks, including
with respect to prior information requirements.

(1) OJ L 344, 28.12.2001.
(2)

In Europe, the credit function is rather a deferred debit, meaning that the holder may charge his account up to an
authorised limit. A deferred debit card enables the cardholder to make purchases but does not offer extended credit,
the full amount of the debt incurred having to be settled at the end of a specified period. When such cards are used
to withdraw cash (so-called ‘cash advance’), the funds are debited from the cardholder’s account at the end of the
specified period.

(3) When the debit function of a card is used in cash withdrawals, the funds are immediately debited from the

cardholder’s account.

(4) When the credit function of a card is used in cash withdrawals, the funds are debited from the cardholder’s account

at the end of a specified period.

(5) OJ L 208, 2.8.1997.

(2004/C 84 E/0010)

WRITTEN QUESTION E-1728/03

by Adriana Poli Bortone (UEN) to the Commission

(23 May 2003)

Subject: Fight against the abuse of human beings and the sexual abuse of children

A major operation recently conducted in Italy by the carabinieri and the judiciary has uncovered a
disturbing trafficking-ring set up by a group of Ukrainians and dealing in prostitutes and children, some of
whom were even to be used for paedophilia and in organ transplants, while a leading lawyer in Lecce has
alleged the existence of sex tourism activities.

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Can the Commission provide any information on the initiatives provided for under Joint Action 97/154/
JAI concerning trafficking in human beings and the sexual exploitation of children?

What data can it furnish on the results of the programmes Daphne 2000-2003 and STOP (1996-2000)?

Does it not consider that focussing solely on Objective 5 of the AGIS 2003 programme for developing
multidisciplinary strategies in the areas referred to above, for which a meagre EUR 800 000 has been
allocated, in fact constitutes a ‘lowering of guard’
in the face of phenomena such as paedophilia and
trafficking in human beings for the purpose of sexual exploitation or organ transplants, when such
phenomena are actually on the increase, not least as a result of the complete absence of any regulation of
the Internet?

Will it reinject greater vigour and discipline into its commitment to combat the abuse of human beings
and the sexual abuse of children, and promote a close investigation in all the countries with which the EU
has relations of one form or another, perhaps with a view to imposing penalties on them or even
suspending the accession processes in which they are involved?

Answer given by Mr Vitorino on behalf of the Commission

(23 June 2003)

On the basis of the Maastricht Treaty the Council adopted in February 1997 a Joint Action concerning
action to combat trafficking in human beings and sexual exploitation of children (97/154/JHA). Through
the Joint Action the Member States undertook to review their existing laws with a view to providing that
trafficking in human beings and the sexual exploitation of children were criminal offences.

While some progress has been noted in the Member States’ policies and legislation, the then legal
framework made it difficult to develop an efficient judicial and law enforcement co-operation in this area.
This is why the Commission in its Communication of 21 December 2000 to the Council and the
Parliament on combating trafficking in human beings and sexual exploitation of children and child
pornography identified a need for
the
Commission (1), the Council, on 19 July 2002, adopted the Framework Decision on combating trafficking
in human beings and, on 15 October 2002, reached political agreement on the Framework Decision on
combating the sexual exploitation of children and child pornography. This act shall be adopted once
parliamentary reservations of some Member States will have been lifted.

legislative action. On the basis of proposals of

further

Member States have to take the necessary measures to comply with the Framework Decision on combating
trafficking in human beings before 1 August 2004. The Council will, by 1 August 2005 at the latest,
assess the extent to which Member States have taken these measures. In this context, the Commission will
have to transmit previously a written report to the Council based on information provided by Member
States. A similar procedure is foreseen with regard to the implementation of the Framework Decision on
combating the sexual exploitation of children and child pornography.

Both framework decisions become part of the Union acquis and have to be implemented by Candidate
Countries as well. Furthermore, the Brussels Declaration forms the Commission’s agenda for combating
trafficking in human beings in the near future. The setting up of an experts group on trafficking in human
beings by the Commission (2) and regular workshops on trafficking in human beings and sexual
exploitation in the framework of the Union Forum for the Prevention of Organised Crime underline the
Commission’s commitment to continuously combat these forms of crime.

Daphne Programme

The objectives of the Daphne programme (2000-2003) are to combat all forms of violence against
children, young people and women. Trafficking in human beings, whether for the purpose of sexual
exploitation or any other exploitation by forced labour, is part of the scope of the programme and has
been the subject of several funded projects so far. These projects have been implemented in many
European countries and a number of them included also partners from Central and Eastern European
countries, from which the victims are originating. The report from the Commission on the Daphne
programme (3) contains an in-depth analysis of the programme at mid-term. By the end of 2003, the
Commission will have carried out a comprehensive impact analysis of the entire programme.

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STOP Programme and AGIS Programme

On 29 November 1996,
the Council adopted an incentive and exchange programme for persons
responsible for combating trade in human beings and the sexual exploitation of children (STOP) to
support measures such as training, exchange programmes, organisation of multidisciplinary meetings and
seminars, studies and research as well as dissemination of information. A second phase of the programme
was established for the period from 2001 to 2002 paying particular attention to the involvement of the
applicant countries.

Tables containing more detailed information concerning the STOP and STOP II programmes are sent direct
to the Honourable Member and the Parliament’s Secretariat.

On 22 July 2002, the Council adopted the AGIS framework programme on police and judicial cooperation
in criminal matters. AGIS is also foreseen, among other issues, for the financial support of projects aimed
at combating trafficking in human beings and the sexual exploitation of children. Such projects, however,
might appear under different objectives of the annual programmes (training of police and magistrates,
preventive actions towards third countries, studies and systems for the exchange of information and
collection of statistics in this particular area). Therefore, the financial support for such projects in 2003 is
not strictly limited to EUR 800 000. The exact amount will be determined taking into account the nature
and quality of all applications received.

(1) OJ C 62 E, 27.2.2001.
(2) OJ L 79, 26.3.2003.
(3) COM(2002) 169.

(2004/C 84 E/0011)

WRITTEN QUESTION E-1940/03

by Christopher Huhne (ELDR) to the Commission

(13 June 2003)

Subject: Stamp duty exemption scheme

In approving the UK stamp duty exemption scheme for disadvantaged areas, as announced in DN; PP/03/
8.9 dated 21 January 2003, can the Commission indicate why it regards wards containing more than one
fifth of the population of the UK as ‘small areas of severe deprivation’ and what the reporting obligations
and the timescale are for these reports from the UK authorities on the input of the scheme on the physical
regeneration of the eligible areas?

(2004/C 84 E/0012)

WRITTEN QUESTION E-1941/03

by Christopher Huhne (ELDR) to the Commission

(13 June 2003)

Subject: Stamp duty exemption scheme

1. Will the Commission publish the letter dated 21 December 2001 from the UK authorities and
registered by the Commission on 9 January 2002?

2. What submissions and evidence did the UK authorities put forward in response to the doubts
expressed by the Commission and recorded in the Official Journal of 27 April 2002 about whether the list
of ‘designated disadvantaged areas’ would in effect lead to a significant widening of the UK regional aid
map? What allayed the Commission’s doubts about whether the sale of non-residential property and the
creation of new leases for such property constitutes in all circumstances ‘initial investment’ as defined in
the guidelines? What allayed the Commission’s doubts about whether the aid intensity of the scheme
would exceed 4 % What allayed the Commission’s doubts about the restrictions of aid in the deprived