WRITTEN QUESTION P-2153/00 by Glyn Ford (PSE) to the Commission. Ethics and European law.
Date: 2000-06-21
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, France, bio-ethics

C 72 E/182

Official Journal of the European Communities

EN

6.3.2001

application of this directive to Siepsa on the grounds that it is a public commercial company governed by
private law. The fact remains that Siepsa is a contracting authority within the meaning of the Directive,
in particular the condition that it has been
inasmuch as it fulfils the conditions of Article 1 thereof,
established for the purpose of meeting needs in the general
interest, not having an industrial or
commercial character.

The Commission took the decision to refer the matter to the Court of Justice after Spain had replied on
22 November 1999 to the reasoned opinion issued by the Commission on 25 August 1999, since the
arguments put forward in the reply did not justify a change of opinion on the part of the Commission.

The application was recently submitted to the Court of Justice.

(2001/C 72 E/234)

WRITTEN QUESTION E-2146/00

by Glyn Ford (PSE) to the Commission

(30 June 2000)

Subject: Milk for confectionery

Are there any restrictions in operation within the Community on the use of EU milk for confectionery?

What is the legal situation of any company attempting to specify to producers the country/countries
within the EU from which such milk must originate before they will purchase the confectionery?

Answer by Mr Byrne on behalf of the Commission

(13 September 2000)

The use in confectionery of milk produced within the Community is not subject to any restrictions in the
Community.

In general, Community law does not prevent a company purchasing milk-based confectionery from
specifying to producers the Member State(s) from which the milk used must originate.

Furthermore, in case of a protected designation of origin or a protected geographical indication, it may be
provided in the specifications of
the milk must originate from a given
geographical region.

the protected name that

(2001/C 72 E/235)

WRITTEN QUESTION P-2153/00

by Glyn Ford (PSE) to the Commission

(21 June 2000)

Subject: Ethics and European law

Is the Commission aware that the French Ethics Committee (ComitØ Consultatif National D(cid:146)Ethique) has
urged the French National Assembly not
to translate into French law the recent directive on the
patentability of the human genome?

Can a Member State suspend implementation of any European legislation on moral grounds? What steps
will the Commission take to ensure that European law is not compromised in this way? Will it consider
establishing its own Ethics Committee/Ethics Unit so that these important issues are not (cid:145)nationalised(cid:146) but
treated at Pan-European level?

6.3.2001

EN

Official Journal of the European Communities

C 72 E/183

Answer given by Mr Prodi on behalf of the Commission

(28 July 2000)

The Commission is aware of the Opinion No 64 of the French ethical committee (comitØ consultatif
national d(cid:146)Øthique) of June 8th 2000, concerning Directive 98/44/EC of the Parliament and of the Council
of 6 July 1998, on the protection of biotechnological inventions (1).

Agreement on this Directive was achieved after discussions within the Parliament and the Council where
inventions. The
much consideration was given to the ethical aspects surrounding biotechnological
Directive seeks both to address these ethical considerations and to provide the necessary incentives to
encourage research and development in the area of biotechnology.

Under Article 15(1) of the Directive, Member States are required to comply with the Directive not later
than 30 July 2000. Any Member State challenge of the validity of the Directive before the Court of justice
would not release it from its obligation to transpose the Directive into national
law by the specified
deadline. The Commission, in its role as the guardian of the treaties, is required to ensure that Community
legislation is applied correctly by the Member States.

The European group on ethics (EGE) in science and new technologies was set up by the Commission in
1992 in order to advise the European institutions on ethical issues. The EGE has an explicit mandate under
the Article 7 of the Directive to evaluate the ethical aspects of biotechnology.

(1) OJ L 213, 30.7.1998.

(2001/C 72 E/236)

WRITTEN QUESTION P-2159/00

by Richard Howitt (PSE) to the Commission

(22 June 2000)

Subject: Application for student loans

This question is tabled in response to an enquiry from my constituents, Mr and Mrs Grief, formerly
of Kings Lynn, Norfolk, who now reside in Spain, regarding their two sons Anthony and Jonathan
(aged 19 years).

Anthony and Jonathan resided in Norfolk from 3 November 1981 to 13 August 1990 and were then
taken to Spain by their parents until 3 September 1998, when they returned to live with other family
members in Kings Lynn. They have lived at that address ever since. They have therefore spent eight years
in Spain with their parents. Is there any element of EU law of which the European Commission is aware
that could determine whether or not these students should or should not be able to qualify for a UK
student loan to undertake higher education?

Answer given by Mrs Reding on behalf of the Commission

(27 July 2000)

At this stage of development of Community law, Member States are competent to establish the modalities
of student support (grants, student loans or any other form of financial help). They must however respect
the principle of equality of treatment which means that the university or college where a citizen of the
Union wishes to study must accept them under the same conditions as nationals. Therefore, if a grant is
paid to nationals of the Member State where a citizen of another Member State wishes to study to cover
course fees (tuition fees), he or she must be able to receive it. However, the principle of equality of
treatment as interpreted by the case-law of the Court of justice does not apply to support for maintenance
and in the case of the United Kingdom to grants, student loans and supplementary grants, intended to help
students pay their daily living expenses, unless the student is, at the same time, a migrant worker or a