WRITTEN QUESTION P-2852/00 by Antonio Tajani (PPE-DE) to the Commission. Go-ahead for human cloning given by UK Government.
Date: 2000-09-05
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, bio-ethics, biotechnology, cloning, invention, medical research, patent law

8.5.2001

EN

Official Journal of the European Communities

C 136 E/111

(2001/C 136 E/126)

WRITTEN QUESTION P-2852/00

by Antonio Tajani (PPE-DE) to the Commission

Subject: Go-ahead for human cloning given by UK Government

(5 September 2000)

On 16 August the United Kingdom authorised the first forms of human cloning for research purposes in
violation of European Parliament and Council Directive 98/44/EC (1) of 6 July 1998 on the legal protection
of biotechnological inventions, which explicitly prohibits any form of human cloning. Article 5 of the
directive stipulates that:
(cid:145)the human body, at all the stages of its formation and development, and the
simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot
constitute patentable inventions(cid:146).

Will the Commission President call on the UK Government to end this anti-European initiative which is in
breach of Community laws,
the
international community enshrined in the Treaties establishing the Union and which the UK Government
has seriously flouted?

invoking the principles of responsibility, solidarity and defence of

Does the Commission also have any information concerning pressures which may have been brought to
bear on the United Kingdom Government by those who support human cloning for economic purposes
and ends, and, if so, will it immediately inform the European Parliament thereof?

(1) OJ L 213, 30.7.1998, p. 13.

(2001/C 136 E/127)

WRITTEN QUESTION P-2931/00

by Marie-Noºlle Lienemann (PSE) to the Commission

(11 September 2000)

Subject: Observance of Directive 98/44/EEC as regards human cloning

Does the Commission not consider it necessary to make representations to the British authorities to ensure
observance of Directive 98/44/EC (1) which specifically prohibits the issue of patents on inventions
involving the use of human embryos for industrial or commercial purposes?

(1) OJ L 213, 30.7.1998, p. 13.

Joint answer
to Written Questions P-2852/00 and P-2931/00
given by Mr Busquin on behalf of the Commission

(3 October 2000)

The member responsible for research stated a position on behalf of the Commission during Parliament(cid:146)s
plenary session on 6 September 2000 with regard to the report by the UK group of experts concerning the
authorisation of research into human embryonic stem cells and their therapeutic uses.

On this occasion he pointed out that Parliament and Council Directive 98/44/EC of 6 July 1998 on the
legal protection of biotechnological inventions regulated the conditions under which an invention based
on biological matter may receive patent protection. However, the aim of the directive is not to lay down
conditions under which the research itself may be carried out.

Respect for the national identity of the Member States and for subsidiarity has caused the Treaty on
European Union to leave the prerogatives to legislate on matters of ethics to the Member States
themselves.