WRITTEN QUESTION E-2328/00 by Nicholas Clegg (ELDR) to the Commission. ECT.
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: European social policy, bio-ethics, competence of the Member States, medical research, psychiatry, therapeutics

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.