WRITTEN QUESTION P-2326/00 by Ursula Stenzel (PPE-DE) to the Commission. Compatibility of Polish draft law on competition and consumer protection with the acquis communautaire.
Date: 2000-06-30
Institutions: European Parliament, Provisional data
Subjects: Poland, accession negotiations, application of EU law, competence of the Member States, competition law, consumer protection, industrial property

20.3.2001

EN

Official Journal of the European Communities

C 89 E/183

Answer given by Mr Barnier on behalf of the Commission

(27 July 2000)

The Commission adopted guidelines on 28 April 2000 for the Community initiative URBAN II concerning
economic and social regeneration in urban areas (1). Member States wishing to benefit from URBAN II are
invited to present programme proposals within six months after the publication of this notice, by
19 November 2000.

Programme proposals are drawn up and submitted to the Commission by the authorities designated by the
Member States concerned. Project costs are eligible for support from the day the operational programme
arrives at the Commission and is declared admissible (if it contains all the necessary information for
assessment). The sooner the Member States present their proposals for eligible areas, complying with the
criteria as mentioned in the URBAN II guidelines, and subsequently the different operational programmes,
the faster the Commission can start the adoption procedures. The Commission will decide on the
contribution from the funds not later than five months after receiving the relevant plans.

The Commission is aware of the need for support for certain small community groups involved in social
and economic regeneration projects, and will ensure rapid adoption of the various operational pro-
grammes.

With regard to continuity of funding the Commission would point out that URBAN II especially targets
formulation and implementation of innovative strategies for sustainable economic and social regeneration.
The number of URBAN community initiative programmes will decrease compared to the previous
programming period 1994-1999 when URBAN funded programmes in a total of 118 urban areas. For
the 2000-2006 programming period the number of urban areas to be covered under the new initiative
will be limited to around 50. However, some community groups previously eligible under URBAN I might
now be located in an objective 1 or objective 2 urban strand. Therefore the various programming
documents of these should integrate urban development measures for the main urban areas in the region.

(1) OJ C 141, 19.5.2000.

(2001/C 89 E/205)

WRITTEN QUESTION P-2326/00

by Ursula Stenzel (PPE-DE) to the Commission

(30 June 2000)

Subject: Compatibility of Polish draft

law on competition and consumer protection with the acquis

communautaire

The Polish Parliament will shortly be adopting the legislative text of a law on competition and consumer
protection which will also include important provisions on industrial property. However, the draft law
contains a provision which seems to be incompatible with international rules on industrial property,
namely Article 332a, which makes it compulsory to transfer trade mark rights to domestic manufacturers
if the trade marks concerned have been continuously used in the ten years preceding the entry into force
of the law.

Will the Commission state in this connection:

(cid:129) Is the provision of Article 332a of the law in question compatible with the Europa agreement and

with European law in general?

(cid:129) What would the consequences be for the continuation of Poland(cid:146)s accession negotiations in this field if
the law on competition and consumer protection were adopted by the Polish Parliament as it stands?

C 89 E/184

Official Journal of the European Communities

EN

20.3.2001

Answer given by Mr Verheugen on behalf of the Commission

(25 July 2000)

in its final reading on 30 June 2000 adopted a new industrial property law
The Polish Parliament,
including the provision in question. With a view to Poland(cid:146)s obligations under the Europe agreement,
the Commission(cid:146)s initial analysis suggests that the amendment in question relates to property rights
in the strict sense (ownership of the brand) rather than industrial property rights (whether the brand is
protected). The Europe agreement does not cover private property rights, nor do the treaties (Article 295
(ex Article 222) of the EC treaty). The issue is therefore one for national rather than Community law.

(2001/C 89 E/206)

WRITTEN QUESTION E-2328/00

by Nicholas Clegg (ELDR) to the Commission

(11 July 2000)

Subject: ECT

Will the Commission consider taking steps, as part of its recently unveiled Communication on the
Development of Public Health Policy (16.5.2000), to conduct a study on the use of electro-convulsive
therapy (ECT) in the EU?

Will the Commission take into consideration the doubts surrounding the success of ECT and the diversity
of its administration throughout the Member States, including human rights concerns (lack of patient
consent, etc)?

Answer given by Mr Byrne on behalf of the Commission

(22 September 2000)

The proposal for a programme of action in the field of public health that has recently been put forward by
the Commission together with the communication on the health strategy of the Community (1), aims at
encouraging co-operation between Member States and the spread of knowledge and good practice. It
might be possible for actions in relation to particular health interventions, such as on the quality and
to be
effectiveness of electro-convulsive therapy (ECT) as well as conditions for its administration,
undertaken under that programme after its adoption. However, such actions would have to be taken in a
way which fully respects the responsibilities of Member States for the organisation and delivery of health
services and medical care.

In the field of research, the Commission has no ongoing or completed projects concerning electro-
convulsive therapy. It is possible, however, that an application could be funded under the quality of life
programme of the current fifth framework programme.

With regard to ethical considerations, Decision No 182/1999/EC of the Council and Parliament of
22 December 1998, adopting the fifth framework programme (2), stipulates in its article 7 that (cid:145)all research
projects carried out within this Programme will be in compliance with fundamental ethical principles(cid:146).
Therefore should such a proposal be selected for funding, it would be subjected to an ethical review before
legislation of the
contract negotiations could commence, thus ensuring that all ethical and national
Member States involved is respected.

(1) COM(2000) 285 final.
(2) OJ L 26, 1.2.1999.