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European Union
MEMO/08/607
Brussels, 7 October 2008
Commission position on President Sarkozy's letter on Amendment 138 adopted
by the European Parliament in plenary vote on 24 September
The Commission takes note of the letter received by President Sarkozy
last Friday asking the Commission to reject Amendment 138 adopted by
the plenary of the European Parliament on 24 September in its vote on
the EU Telecoms Package.
The amendment referred to by President Sarkozy was initiated by
several Members of the European Parliament. It was amended orally
right before the final vote in order to secure a broad cross-party
majority.
The amendment, in its version adopted by the plenary of the European
Parliament, requires telecoms regulators to apply the principle:
"that no restriction may be imposed on the fundamental rights and
freedoms of end-users, without a prior ruling by the judicial
authorities, notably in accordance with Article 11 of the Charter of
Fundamental Rights of the European Union on freedom of expression and
information, save when public security is threatened where the ruling
may be subsequent."
This version of the amendment was adopted by the European Parliament
in an open vote with a large majority of 573 votes in favour and 74
votes against.
The European Commission respects this democratic decision of the
European Parliament.
In the Commission's view, this amendment is an important restatement
of key legal principles inherent in the legal order of the European
Union, especially of citizens' fundamental rights. The language of the
amendment is deliberately drafted in order to leave Member States
scope for reaching a fair balance between several fundamental rights,
namely the right for the respect of private life, the right for
property and effective remedies, and the right of freedom of
information and expression. The Commission can therefore accept the
amendment proposed by the European Parliament.
The Commission understands that this issue is of high political
importance in the domestic debate in France, where legislation is in
preparation proposing the establishment of a new national Internet
authority that could have a role in monitoring, and possibly
restricting, internet traffic of French citizens in order to combat
violations of intellectual property rights. The European Commission
invites the French government to discuss its views on Amendment 138
with ministers of the other 26 Member States. As the EU Telecoms
Package is decided under the co-decision procedure, agreement of
Parliament and Council is required before an amendment can become law.
The Commission stands ready to act as facilitator in this debate, once
the Council has also decided on its view on the matter.
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