Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

*|*

# 92002E1938

**WRITTEN QUESTION E-1938/02 by Colette Flesch (ELDR) to the Commission. Implementation of the .eu TLD.** 
  
*Official Journal 309 E , 12/12/2002 P. 0176 - 0177*

  

WRITTEN QUESTION E-1938/02

by Colette Flesch (ELDR) to the Commission

(3 July 2002)

Subject: Implementation of the .eu TLD

The European Commission has been given the task to define and adopt, following the procedure referred to in Article 6(3) of Regulation (EC) No 733/2002(1), public policy rules concerning the implementation and functions of the. eu TLD and the public policy principles

on registration. As part of the framework where registrars, registrants and the Registry are included, WHOIS databases are an essential instrument to promote users' confidence and to allow the good functioning of the. eu TLD. In order to ensure that WHOIS databases are efficiently used, it is necessary to take into account all legitimate interests.

Which mechanisms does the Commission intend to implement to ensure that IP rights holders have a direct and fast access to WHOIS databases and obtain all necessary information to protect their rights?

(1) OJ L 113, 30.4.2002, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(26 August 2002)

Regulation 733/2002/EC of the Parliament and of the Council of 22 April 2002 on the implementation of the. eu Top Level Domain (TLD)(1) provides in Article 5, paragraph 1 as part of the public policy provisions the treatment of intellectual property and other rights. Within this framework the Commission is required to adopt public policy rules for the implementation of the. eu TLD, in accordance with the procedure described in Article 6, paragraph 3 of the Regulation and after consultation with the selected Registry. These public policy rules would also aim at ensuring an adequate level of protection for intellectual property rightholders in addition to the possibility provided already in the Regulation for holder of prior rights recognised or established by national and/or Community law to register their names during a sunrise period.

The purpose of the Whois database is the provision of information about the technical points of contact that administer the different domain names of a particular TLD. When adopting the public policy rules, the Commission will take into account all the legitimate interests at stake and comply with the existing community legal framework.

In particular, it should be stressed that general information about information society service providers are required to be accessible under the Directive 2000/31/EC (Directive on electronic commerce) and that following recital 12 of the Regulation, Who is type of databases should be in conformity with Community law on data protection and privacy.

(1) OJ L 113, 30.4.2002.

[Top](#document1)