WRITTEN QUESTION P-2840/00 by María Izquierdo Rojo (PSE) to the Council. Community patent and damage to Spain's interests.
Date: 2000-09-06
Institutions: European Parliament, Provisional data
Subjects: European Patent Office, European patent, European treaties, Germany, Spain, legal basis, official language

C 113 E/190

Official Journal of the European Communities

EN

18.4.2001

(2001/C 113 E/201)

WRITTEN QUESTION P-2840/00

by Mar(cid:237)a Izquierdo Rojo (PSE) to the Council

(6 September 2000)

Subject: Community patent and damage to Spain(cid:146)s interests

The Lisbon European Council agreed (as stated in its conclusions) that the Community patent should come
into existence before the end of 2001 and the French Presidency is planning to begin discussions on the
matter at forthcoming meetings in September 2000. However, the Commission has adopted a legislative
proposal which, in its current form, is clearly damaging to Spain and which will have serious implications
for the Spanish Patent Office. The proposal unacceptably downgrades Spanish in favour of German and,
according to Spain(cid:146)s permanent representative to the EU, it has been drawn up in a form which is highly
convenient to France, Germany, the United Kingdom and the Commission, under the pretext of reducing
the cost of patenting inventions to a minimum.

In the light of the above facts, will the Council answer the following questions?

1. Does the Council accept that the forthcoming regulation on the Community patent may have serious

implications for the Spanish Patent and Trademark Office as it currently exists?

2. Will the Council ensure that, under the forthcoming regulation, responsibilities are distributed fairly?

3. Will the Council ensure that the regulation does no damage to Spain(cid:146)s interests, as seems likely from

the draft version which has been adopted by the Commission?

4. Will Spanish be included as one of the working languages or will it be downgraded in favour of

German?

Reply

(16 November 2000)

The proposal for a Council Regulation on the Community patent, which the Commission submitted to the
Council on 2 August 2000, has as its legal basis Article 308 of the EC Treaty, which requires consultation
of the European Parliament. The Honourable Member will understand that the Council cannot state its
position on the substance of the Commission proposal before such consultation.

The Council would also point out that Article 308 requires unanimity by the Member States in the Council
to act on the Commission proposal.

(2001/C 113 E/202)

WRITTEN QUESTION P-2841/00

by Nelly Maes (Verts/ALE) to the Commission

(4 September 2000)

Subject: Designating regional support areas

In the context of reform of the European structural funds, the Flemish government submitted a proposal in
late December 1999 on designating development areas for the period 2000-2006. In these areas, which
adjoin target areas, the Flemish government can give increased aid to businesses.

What is the logic of Europe(cid:146)s policy in designating development zones?

Is the administrative boundary of a region a factor in this logic?

Does the Flemish government(cid:146)s proposal to the Commission on designating regional support areas respect
all objective criteria?

Do these criteria take account of the coherence of the region?