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C 174 E/146

Official Journal of the European Communities

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19.6.2001

(2001/C 174 E/150)

WRITTEN QUESTION E-3798/00

by Maurizio Turco (TDI) to the Council

(7 December 2000)

Subject: Limits to the protection of privacy and legal tapping

14 of Directive 97/66/EC ( 2 ), both relating to the

protection of privacy and the processing of personal data, and Article 15 of proposal for a directive COM(2000) 385, Member States may impose limits on the general principle of respect for privacy where such measures are required in order to safeguard national security, defence, public security, or the prevention, investigation, detection, and prosecution of criminal offences or unauthorised use of tele- communications or electronic communication systems.

Under Article

13 of Directive 95/46/EC ( 1 ) and Article

The Working Party set up by Directive 95/46/EC has drawn up recommendation 2/99 on respect for privacy where telecommunications tapping is concerned, in which it specifies the requirements that national laws must meet in order to ensure that tapping carried out by State bodies is consistent with respect for human rights and fundamental freedoms and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In the light of the foregoing, can the Council say:

how it will give effect to the Working Party’s recommendation 2/99;

whether it has ascertained that the national laws authorising tapping conform to the requirements laid down in that recommendation;

whether it believes that the above-mentioned requirements could be incorporated into Directive 95/ 46/EC when the latter is revised;

whether it does not consider, given that the Union is called upon to respect human rights and fundamental freedoms under Articles 6 and 7 of the EU Treaty, that the European institutions should do more to regulate legal tapping in the Union, for instance by removing or clarifying the exemptions granted to Member States as regards legal tapping?

( 1 ) ( 2 )

OJ L 281, 23.11.1995, p. 31. OJ L 24, 30.1.1998, p. 1.

(2001/C 174 E/151)

WRITTEN

QUESTION E-3802/00

by Maurizio Turco (TDI) to the Council

(7 December 2000)

Subject: Transposal of Directive 97/66/EC

Article 15 of Directive 97/66/EC ( 1 ) of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector stipulates that: ‘Member States shall bring into force the laws, regulations and administrative provisions necessary for them to comply with this Directive not later than 24 October 1998. By way of derogation from the first subparagraph, Member States shall bring into force the laws regulations and administrative provisions necessary for them to comply with Article 5 of this Directive not later than 24 October 2000’.

Will the Council say:

why provision was made for a derogation in respect of Article 5?

what does it intend to do about the nine countries which have not yet taken any measures? What procedures will it initiate and when?

19.6.2001

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Official Journal of the European Communities

C 174 E/147

has it checked whether the directive has been correctly transposed in the other countries?

in the light of the failure of a majority of the Member States to transpose Directive 97/66/EC and given that the amendment of Directive 95/46/EC ( 2 ) is pending, is it not premature to proceed with amending this legislation via the proposal for a directive COM(2000) 385?

( 1 ) ( 2 )

OJ L 24, 30.1.1998, p. 1. OJ L 281, 23.11.1995, p. 31.

Joint answer to Written Questions E-3798/00 and E-3802/00

(8 March 2001)

Directive 97/66/EC was adopted by the European Parliament and the Council on 15 December 1997 following a meeting of the Conciliation Committee. The provision referred to in the Honourable Member’s question was not contained in the common position adopted earlier by the Council on 12 September

1996.

This provision is one of the elements of the compromise reached on the matter of confidentiality of communications, which was one of the issues submitted to the Conciliation Committee. In order to make one of the European Parliament’s amendments, which the Council was prepared to accept, compatible with the remainder of the text of the Directive, it proved necessary to add an explicit reference to recordings legally authorised by certain Member States in the course of limited business practice for the purpose of providing evidence of a commercial transaction or communication (Article 5(2)). As part of the compromise on this point, provision had consequently to be made for a further period to enable some Member States to include this possibility in their national legislation.

The Honourable Member’s other questions fall within the scope of the powers attributed to the Commission by the Treaty establishing the European Community, and in particular Article 211 thereof.

(2001/C 174 E/152)

WRITTEN QUESTION E-3806/00

by Stephen Hughes (PSE) to the Commission

(7 December 2000)

Subject: Safeguarding employees’ rights in the event of transfers of undertakings

Is it possible that Directive 77/187/EEC ( 1 ), as amended by Directive 98/50/EC ( 2 ), on safeguarding employees’ rights in the event of transfers of undertakings could apply in the case that, following a tender procedure, there was a change of contractor with respect to a contract for the provision of a crèche, on the assumption that the crèche in question fulfilled the criteria for it to be considered an economic entity retaining its own identity?

If it were the case that the Directive were deemed to apply; how would its application be made compatible with the principles of non-discrimination in public procurement procedures set out in Directive 92/50/ EEC ( 3 ) on public service contracts?

If it were the case that the Directive was applicable but was not in fact applied, what redress would employees of the transferor have, and against which party?

( 1 ) ( 2 ) ( 3 )

OJ L 61, 5.3.1977, p. 26. OJ L 201, 17.7.1998, p. 88. OJ L 209, 24.7.1992, p. 1.