Official Journal of the European Communities

C 205 E/41

The registration of domain names as a gift appears to be a service offered by at least one registrar. Given the information currently available, it could be questioned as to whether such a service is consistent with the current ‘.name’ Top Level Domain eligibility policy. On the basis of the Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1) (data protection directive), the individual concerned by the registration of his/her name or his/her pseudonym, the beneficiary/recipient, has the right to be provided with certain information about the processing of such personal data relating to him or her, the data must be processed fairly and lawfully and on a legitimate basis (unambiguous consent, performance of a contract, compliance with a legal obligation, etc) and he or she has the right of access to and the rectification or erasure of such personal data as well as the right to object to such processing to the extent that the processing concerned identified him or her and not any other person. The answer to question 1 depends therefore on the concrete way in which such service is offered and used. The provision and use of such service could be considered consistent with the right to privacy and data protection if it is ensured that the beneficiary/recipient has the control over the processing of his/her personal data concerning the registration of his/her name as a domain name and that during and after the registration process the data cannot be abused. It would for example be necessary to ensure that the data are not used for marketing purposes before the individual had the opportunity to express his/her consent or opposition to its use as his/her domain name, and for marketing if such use is at stake. The answer to question 2 also depends on the use made of the e-mail address: If the e-mail address is only created for use by the beneficiary/recipient of the domain name, which would obviously depend on his/her consent, no special rules in addition to the provisions of Directive 95/46/EC as explained above apply for the registration process. In cases of complaints, in addition to the procedures foreseen by the Community data protection Directives, it could be expected that anybody who had a problem with a registration would give serious consideration to the alternate dispute resolution procedures available related to domain names. The Commission will keep following developments in this area.
(1) OJ L 281, 23.11.1995.

(2002/C 205 E/044)

WRITTEN QUESTION E-3544/01 by Cristiana Muscardini (UEN) to the Council (8 January 2002)

Subject: List of Islamic fundamentalists in Somalia I have received, from internal sources in the Somali autonomous regions of Puntland, a list of names of people thought to be members of the Al-Ittihad and Al-Islah fundamentalist organisations, which the US and other Western governments consider as terrorist organisations. It is reasonable to deduce from this list that there is a connection with the Somali Transitional National Government (TNG). This document and the freezing of bank accounts of the Al-Baraakat Somali economic and financial network clearly demonstrate the need to shed light on the situation in Somalia and any links there may be between the Transitional National Government and the most extreme Islamic groups in Somalia.

C 205 E/42

Official Journal of the European Communities



Although there has been no reaction yet at institutional level, the reports published in the international press confirm the seriousness and accuracy of the allegations made. Given that the media worldwide claim that Somalia could be one of the next targets of the anti-terrorist campaign, will the Council specify: whether it is in a position, through the Member States’ secret services, to check the accuracy of the claims made in the document and to reply to my question and to those of the general public as a matter of urgency? whether it is already aware of this situation and, if so, what measures it has taken? whether the governments engaged in the fight against terrorism in Afghanistan have assessed the dangerous nature of the situation in Somalia? whether it is considering the possibility of providing support for the Somali movements opposed to the present government, who for a long time have been active in fighting terrorism in their country and in seeking to set up a government of national unity with a view to establishing a federal state?

Reply (13 May 2002) Since the Council is not in possession of the document referred to by the Honourable Parliamentarian, it is not in a position to answer the questions linked to the document raised by the Honourable Parliamentarian. The Council is in the process of evaluating the commitment and the cooperation of third countries, including Somalia, in the fight against terrorism, based i.a. on reports by EU Heads of Mission. The EU position concerning Somalia and the present government was expressed in statements dated 25 August 2000, 8 September 2000 and 10 August 2001. In these statements the EU called on the authorities of Somaliland and Puntland to establish constructive relations with the institutions, which have emerged from the Arta process, and urged the future transitional government to establish a constructive dialogue as soon as possible with the aforementioned authorities for the purpose of reestablishing national unity in peace with respect for the elements of stability achieved. In line with this position, the EU issued a Declaration dated 1 February 2002 on the occasion of the 9th IGAD (Intergovernmental Authority on Development) summit held in Khartoum on 11 January 2002, welcoming the timely resolution adopted on Somalia and the recommendations contained therein. The EU particularly welcomed IGAD’s recommendation urging the TNG and all other parties to commit themselves to combat terrorism in all its forms, and IGAD’s calls for cooperation among the three frontline states (Kenya, Ethiopia and Djibouti), which give hope of renewed impetus to the peace and reconciliation process. Moreover, the EU called upon all parties to put aside their differences and to participate in the IGAD-facilitated dialogue without preconditions and with a genuine resolve of broadening and completing the national reconciliation process, emphasising its readiness to examine ways and means on how to support IGAD’s efforts.

(2002/C 205 E/045)

WRITTEN QUESTION P-3556/01 by Arlette Laguiller (GUE/NGL) to the Commission (4 January 2002)

Subject: Firework explosion in Lanhelas (Portugal) on 2 June 2000 At Question Time on 5 July 2000, Commissioner Wallström undertook, on behalf of the Commission, to examine the problem of fireworks and the transport of hazardous substances in the Community, and stated: ‘A proposal for amendments to the Seveso II directive should be ready by the beginning of next year, that is 2001. This can only be done when we have evaluated the experiences following the accident

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