WRITTEN QUESTION E-1953/99 by Gerhard Hager (NI) to the Commission. Child pornography.
24. 10. 2000 EN Official Journal of the European Communities C 303 E/23 (2000/C 303 E/019) WRITTEN QUESTION E-1953/99 by Gerhard Hager (NI) to the Commission (5 November 1999) Subject: Child pornography Child pornography, along with the spread of extreme right-wing and left-wing material, constitutes one of the main problems facing us in connection with the Internet. In view of this and given the intense current public debate on the matter, can the Commission answer the following: 1. Has the Commission any new proposals and initiatives for tackling this problem over and above the current legislative procedures? 2. 3. If not, when does the Commission intend to take the initiative in this matter? If so, to what extent are providers responsible for the contents of the information provided? 4. What is the Commissionís basic approach to detect illegal material on the Internet? Answer given by Mr Liikanen on behalf of the Commission (13 December 1999) 1. The Commission has long been concerned about child pornography on the Internet. In order to fight against it, it proposed a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks, which was adopted by the Council and the Parliament on 25 January 1999 (1). The action plan provides support in four areas: a European network of hotlines, self-regulation by industry, filtering and rating and awareness. Furthermore Member States are committed to provide an appropriate framework under Council Recommendation of 24 September 1998 on the development of the competi- tiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity (2). The Commission feels that, in addition, international cooperation should be encouraged. The Commission is therefore closely involved in international initiatives addressing the issue: An international conference on combating child pornography on the Internet was held from 29 September to 1 October 1999 in Vienna, organised jointly by the Austrian government, the American government and the Commission under the programme Stop: an incentive and exchange programme for persons responsible for combating trade in human beings and the sexual exploitation of children. Joint Action 96/700/JHA (3). The conference adopted conclusions and recommendations (4) which will be actively followed-up. The group of eight most industrialised countries is including the issue of child pornography on the Internet in its discussions on high-tech crime. The Council of Europe is preparing a convention on computer crime, which will allow for a common approach throughout Europe. Its involvement in the activities described under (1) allows the Commission to monitor the handling 2. of the problem of child pornography. If and where necessary, the Commission will consider appropriate additional initiatives. This includes a possible Commission involvement in case of a follow-up to the Councilís draft joint action to combat child pornography on which the Parliament adopted its opinion on 13 April 1999 (5). 3. Regarding the issue of providerís liability, the Commission would refer to its amended proposal for a directive on certain legal aspects of electronic commerce in the internal market (6) which contains detailed provisions on the liability of intermediaries such as Internet service providers. C 303 E/24 Official Journal of the European Communities EN 24. 10. 2000 The Commissionís approach to the problem raised by the Honourable Member has remained 4. unchanged since its communication on illegal and harmful content on the Internet (7) and the green paper on protection of minors and human dignity in audiovisual and information services (8), to which the Honourable Member is referred. (1) Decision 276/1999/EEC of the Parliament and the Council of 25. 1. 1999 ü OJ L 33, 6. 2. 1999. (2) OJ L 270, 7. 10. 1998, http://europa. eu. int/comm/dg IO/avpolicy/new_srv/recom-intro_en. html. (3) OJ L 322, 12. 12. 1996 http://europa. eu. int/comm/justice_home/project/stop_en. htm. (4) http://www. stop-childpornog. at/conc. asp. (5) Legislative resolution embodying Parliamentís opinion on the draft Joint Action, adopted by the Council on the basis of Article K. 3 of the Treaty on European Union, to combat child pornography on the Internet (10850/5/98 ü C4-0674/98 ü 98/0917(CNS)) (Consultation procedure) 13 April 1999, Report of Civil Liberties Committee (rapporteur Gerhard Schmid) A4-0141/1999. (6) COM(1999) 427 final http://europa. eu. int/eur-lex/en/com/dat/1999/en_599PC0427. html. (7) COM(96) 487 final http://www2. echo. lu/legal/en/internet/communic. html. (8) COM(96) 483 final http://europa. eu. int/en/record/green/gp9610/protec. htm. (2000/C 303 E/020) WRITTEN QUESTION E-2016/99 by Jan Andersson (PSE) to the Commission (9 November 1999) Subject: Commission efforts to remedy shortcomings in the use of meat export certificates So far this year, 25 consignments of salmonella-infected meat imported from other EU Member States have been discovered in Sweden. These consignments were in most cases accompanied by certificates from the countries of origin that were technically in order, but the meat was infected with salmonella nevertheless. Under current rules, only spot checks may be made. There is obviously a danger, therefore, that infected meat will get through to consumers. Salmonella is nowadays a common public health problem that causes a relatively high number of fatalities in several Member States. The fact that certificates from Member States cannot be taken as guaranteeing that imported consignments of meat are salmonella-free therefore constitutes a very serious problem. What steps is the Commission taking to remedy the obvious shortcomings in Member Statesí use of meat export certificates? Answer given by Mr Byrne on behalf of the Commission (2 December 1999) Consignments of fresh beef, veal and pig meat, poultry for slaughter and fresh poultry meat intended for Finland and Sweden must be sampled and tested for salmonella according to the rules laid down in Council Decisions 95/409/EC (1), 95/410/EC (2) and 95/411/EC (3), respectively. The sampling shall be carried out in the establishment of origin. Consignments must be accompanied by a certificate according to Council Directives 64/433/EEC (4), 90/539/EEC (5) and 71/118/EEC (6), for fresh beef, veal and pig meat, poultry for slaughter and fresh poultry meat, respectively. The Commission is aware of some irregularities in the past concerning incorrect certification and that the Swedish authorities have initiated a specific águarantee projectí. However, the Commission has not been informed on the results of the project concerning this year. Council Directive 89/662/EEC of 11 December 1989 (7) sets down the framework of the controls concerning veterinary checks for the internal market which should in principle be carried out at origin and not at destination. Thus Article 3 of the Directive provides an obligation that Member States shall ensure that only products that have been obtained, checked, marked and labelled in accordance with Community rules for that commodity are placed on the market. Several steps have been taken or are currently under preparation in order to guarantee compliance with the Community provisions concerning veterinary checks and certificates thereof. Directive 89/662/EEC sets