WRITTEN QUESTION E-2276/99 by Cristiana Muscardini (UEN) to the Council. Supervisory authority for Internet sites.
24. 10. 2000 EN Official Journal of the European Communities C 303 E/41 Individual decisions are based on a comparison of the migrantís qualifications and the training required for the relevant profession in the host Member State (national rules apply in this case). The field of activity of the professions in the two Member States is also taken into account. The national authorities are responsible for assessing individual cases in accordance with the procedure defined in the Directives, which provide for a reasoned decision and notification within four months of the submission of the completed application. The fact that two professions in different Member States have a similar title is only an indication that the professions are the same. Rather, it is the content, i. e. the field of activity, of the profession concerned which determines the identity of two professions in two different Member States, and not the professionís denomination. If the differences are too great, the two professions may be considered different in the Member States concerned, in which case the general system need not apply. In addition to this exceptional situation, when there are substantial differences between the curricula of the two Member States, the migrant may be asked to take suitable measures to compensate for those differences. In the case in point, the applicant should consider exercising his rights under his host countryís national law, and in particular the right of appeal. The Directive mentioned above gives migrants the opportunity to appeal before the courts under national law. In addition, according to information from the German authorities, migrants can also request the Ministry of Health (Gesundheitsministerium) of the Land where the decision has been made to reexamine the decision. (1) OJ L 19, 24. 1. 1989. (2000/C 303 E/037) WRITTEN QUESTION E-2276/99 by Cristiana Muscardini (UEN) to the Council (13 December 1999) Subject: Supervisory authority for Internet sites In view of the increase in the number of Internet sites providing details of how to make chemical drugs, obtain weapons or acquire children for sexual purposes, could the European Union set up an authority to supervise Internet sites and identify those which are clearly violating the Member Statesí laws and will it examine what measures need to be taken to prevent laws being broken and criminal offences committed via the Internet? Reply (10/11 April 2000) The European Union shares the Honourable Memberís concern regarding the proliferation of Internet sites containing information encouraging criminal behaviour. For this reason, it entrusted to Europol the task of fighting Internet crime, to the extent that such crime falls within its mandate. Europol has been operational since 1 July 1999 and is already actively fighting trafficking in drugs and human beings, including the exploitation of minors and the production, sale or distribution of child-pornography material, within the limits of the objectives described in the Europol Convention (1) (2). Apart from situations falling within the competence of Europol, Member States are responsible for supervising the information available on the Internet. One access provider has already been prosecuted for providing a site which distributed illegal information. As stated in the reply to Question No H-0202/97 (by Anne McIntosh), the Council attaches the greatest importance to the question of supervising the information made available on the Internet, while trying to reconcile the supervision of information available on sites with the general principles of freedom of information. C 303 E/42 Official Journal of the European Communities EN 24. 10. 2000 There are no plans to set up a supervisory authority at European level. However, the European Union supports Member Statesí actions by specific measures to improve judicial cooperation in this area. In particular, there is a draft joint action to combat child pornography on the Internet, on which the Council Presidency decided to consult the European Parliament before the Amsterdam Treaty entered into force and which will be transformed into a decision on which the Council will consult the European Parliament in accordance with Article 39 of the Treaty on European Union. The Honourable Member will also note that the proposal for a Directive on certain aspects of electronic commerce on the international market contains provisions limiting the responsibility of access providers. Lastly, the Council has adopted a joint position of the Member States to be defended in negotiations in the Council of Europe on a Convention on cybercrime, which also covers measures against criminal offences committed via the Internet. With the same goal in mind, on 25 January 1999 under Decision 276/1999/EC the European Parliament and the Council adopted a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks. The action plan covers the period 1 January 1999 to 31 December 2002; EUR 25 million has been allocated to its implementation. (1) Article 2 of the Council Act of 26 July 1995 drawing up the Convention based on Article K. 3 of the Treaty on European Union, on the establishment of a European Police Office (OJ C 316, 27. 11. 1995, p. 5). (2) Article 1 of the Council Decision of 3 December 1998 supplementing the definition of the form of crime átraffic in human beingsí in the Annex to the Europol Convention (OJ C 26, 30. 1. 1999, p. 21). (2000/C 303 E/038) WRITTEN QUESTION E-2277/99 by Inger Schörling (Verts/ALE) to the Commission (13 December 1999) Subject: Purchase of holiday homes by foreign nationals Most countries used to restrict foreign nationals to purchase property. Sweden has a derogation from the current rules until the end of the year, but all parties now agree that such restrictions should be scrapped. the right of A potential problem that would eventually have to be resolved is that house prices in attractive areas could skyrocket to such an extent that locals find themselves priced out of the property market. In the long run, this could mean that communities wither away and come to life only during the summer months. Many coastal municipalities in particular are deeply concerned about such trends. interests are According to an ECJ judgment last summer, acceptable provided that certain conditions are met. They must not, for instance, be discriminatory or more stringent than is required to achieve their objectives. laws designed to protect or promote local What, in the Commissionís view, are acceptable regional or local factors which Member States may take into account, and what must the objective of such laws be? Answer given by Mr Bolkestein on behalf of the Commission (4 February 2000) The EC Treaty stipulates, in Article 56 (ex Article 73b), that á all restrictions on the movement of capital between Member States and between Member States and third countries shall be prohibitedí. This rule is applicable to the acquisition of real estate by non-residents, since such acquisition is a capital movement. The EC Treaty provides for some exceptions to this general rule. Of relevance in the present context is Article 58 (ex Article 73d) of the EC Treaty which allows Member States áto take measures which are that Article also stipulates that such justified on grounds of public policy or public securityí. But