French president scuttles resolution by EU Parliament

French President Nicolas Sarkozy has asked the president of the European Commission (EC), José Manuel Barroso to oppose a passage in what is known as the Telecoms Package. The passage states that cutting off users' internet access – for example, because of copyright violations – requires a prior decision from a judicial authority. After the EC refused to comply, Sarkozy's office softened its tone: The "unfortunately published document" was not intended to put pressure on the EC but simply illustrate the French government's position.

The rather unusual incident is related to the first reading of the Telecoms Package (PDF) in the European Parliament, in which the EU Parliament adopted the proposed amendment number 138 with 573 to 74 votes. Citing EU Charter (PDF) article 11, which emphasises the freedom of information, the amendment proposes that internet access may only be cut off following a warrant by a judicial authority.

This passage directly opposes French plans for an internet police which can issue warnings and block problem content or even cut off individual citizens without such a warrant. Accordingly, Nicolas Sarkozy's fax states quite directly that "Il est notamment fondamental que l'amendement No. 138 adopté par le Parlement européen soit rejeté par la Commision. Pour écarter l'amendement, je sollicite votre engagement personnel et celui de la commissaire en charge du dossier". ("It is of fundamental importance that amendment number 138, which was adopted by the EU Parliament, be rejected by the Commission. To prevent this amendment, I ask for your personal engagement and the engagement of the Commissioner responsible for this package").

For Viviane Reding, the responsible Commissioner mentioned by Sarkozy, a response was issued yesterday by Martin Selmayr, the EC's spokesman for information society and media. He pointed out the necessity to adhere to democratic decision-making processes for the adoption of the Telecoms Package.

"The European Commission respects this democratic decision of the European Parliament. In our opinion this amendment is an important re-affirmation of the basic principles of the rule of law in the EU, in particular the fundamental rights of its citizens." It is important to create a healthy balance between the right to privacy, the right to freedom of information and the rights of others, he said.

The French President's political activism has generally caused irritation. The Telecoms Package still needs to be ratified by the Council of Ministers. This council can reject individual amendments or the entire package and refer it back to the EU Parliament for another reading. (Detlef Borchers)

(jbe)