WRITTEN QUESTION No. 3422/98 by Amedeo AMADEO to the Commission. Elimination of obstacles to trade
Date: 1998-11-24
Institutions: AMADEO, European Parliament
Subjects: EU action, EU law, free movement of goods, liberalisation of trade, trade restriction

C 182/82

Official Journal of the European Communities

EN

28.6.1999

Joint answer
to Written Questions E-3414/98, E-3415/98 and E-3416/98
given by Mr Flynn on behalf of the Commission

(19 January 1999)

The Commission has information concerning solid organ transplantation, comprising liver, heart and kidney
for the 15 Member States, Czech Republic, Poland, Norway and Switzerland which is collected on a regular
basis by the International transplant coordinators society (ITCS). The Commission can provide the total
number of transplants and transplants per million people over the period 1992-97 for most Member States,
and over the period 1995-97 for others.

Article 129 of the EC Treaty concerning public health excludes explicitly any harmonization of the laws and
regulations of the Member States. Legislation regulating organ transplantation is consequently a matter for
each Member State.

The Amsterdam Treaty in its Article 152 will contain new specific provisions on organs. This will enable
Community measures to be adopted setting high standards of quality and safety of organs and substances of
human origin, blood and blood derivates. Such measures will not prevent any Member State from maintaining
or introducing more stringent protective measures. National provisions on the donation or medical use of
organs and blood will not be affected.

(1999/C 182/105)

WRITTEN QUESTION E-3422/98

by Amedeo Amadeo (NI) to the Commission

(24 November 1998)

Subject: Elimination of obstacles to trade

With reference to the proposal for a Council Regulation (EC) creating a mechanism whereby the Commission
can intervene in order to remove certain obstacles to trade (COM(97) 619 final 5 97/0330(CNS)) (1), would
the Commission, in cooperation with the Member States, reach agreement to apply promptly the procedure
laid down by Article 169 of the Treaty, particularly in cases in which obstacles to trade require a speedy
solution, rather than opt for Article 235 as the legal basis?

(1) OJ C 10, 15.1.1998, p. 14.

Answer given by Mr Monti on behalf of the Commission

(29 January 1999)

Council Regulation (EC) 2679/98 of 7 December 1998 on the functioning of the internal market in relation to
the free movement of goods among the Member States (1) establishes an information and monitoring
mechanism and provides for swift action to be taken by the Member State concerned and the Commission to
ensure that the obstacles in question are removed. Article 235 was used as the legal basis because the EC Treaty
provides for no powers other than those in Article 235 for the adoption of such a Regulation.

The Commission drafted the above-mentioned Regulation in response to a request from the Amsterdam
European Council. The establishment of an information and monitoring mechanism to combat certain types
of obstacles does not in the least run contrary to the Commission’s firm intention to set strict deadlines for the
launch of proceedings under Article 169 of the EC Treaty for cases that cannot be resolved under the
Regulation.

(1) OJ L 337, 12.12.1998.