WRITTEN QUESTION E-3039/00 by Michl Ebner (PPE-DE) to the Commission. Introduction of DNA tests across Europe.
Date: 2000-09-28
Institutions: European Parliament, Provisional data
Subjects: DNA, United Kingdom, database, information network, judicial inquiry, police cooperation

C 163 E/28

Official Journal of the European Communities

EN

6.6.2001

Answer given by Mr Bolkestein on behalf of the Commission

(3 November 2000)

The situation under current Community VAT legislation is that category 9 of Annex H of the 6th VAT
Council directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States
relating to turnover taxes (cid:129) Common system of value added tax: uniform basis of assessment (1) covers the
(cid:145)supply, construction, renovation and alteration of housing provided as part of social policy(cid:146). Member
States may therefore allocate a reduced VAT rate of no less than 5 % to these services.

Energy saving products, once incorporated into this global process, are automatically covered by this
provision, like all building materials, when they are supplied as a part of a service provided by a building
contractor, whereas the same goods when bought across the counter by an individual are considered as
supply of goods, and therefore the standard rate applies.

As the Honourable Member will know, the new VAT strategy (2) foresees that a review and rationalisation
of the rules and derogations applying to the definition of reduced VAT rates should be considered in the
medium term. Particular attention will be paid to the use of reduced VAT rates to goods and services that
support Community policies (e.g. to help protect the environment, etc.).

(1) OJ L 145, 13.6.1977, Directive as last amended by Council Directive 2000/17/EC of 30 March 2000 (OJ L 84,

5.4.2000).

(2) COM(2000) 348 final.

(2001/C 163 E/028)

WRITTEN QUESTION E-3039/00

by Michl Ebner (PPE-DE) to the Commission

(28 September 2000)

Subject: Introduction of DNA tests across Europe

DNA information now makes it easier to secure the conviction of offenders. The United Kingdom, for
example, is now intending to make all offenders undergo such tests in future. A DNA database which was
accessible throughout Europe would make detection and subsequent investigation in cases where the
accused is actually guilty considerably simpler and more efficient.

Does the Commission intend, in the field of police cooperation and internal security, to encourage the
Member States to step up the use of such DNA tests with a view to building up a Europe-wide network of
this type of data?

Answer given by Mr Vitorino on behalf of the Commission

(11 December 2000)

The working structures of the Council are currently discussing a draft Council resolution (1) to establish
common standards for the deoxyribonucleic acid (DNA) markers used in forensic DNA analysis in Member
States (such common standards would simplify the exchange of DNA analysis results between Member
States); a mechanism for maintaining and developing the harmonisation of forensic DNA analysis among
Member States and guidelines on how to exchange DNA analysis results.

The draft resolution takes into account the work of the DNA working group of the European network
forensic science institutes (ENFSI) on the harmonisation of DNA markers and DNA technology, funded by
the Community(cid:146)s STOP programme, adopted by the Council in 1996 (2). It aims at encouraging practical
co-operation between law enforcement agencies and other bodies responsible for actions against the
trafficking in human beings and the sexual exploitation of children.

6.6.2001

EN

Official Journal of the European Communities

C 163 E/29

The draft resolution builds on Council Resolution of 9 June 1997 (3) inviting Member States to consider
establishing national DNA databases with a view to exchanging DNA results between them.

The Commission takes the view that it would be advisable to await the outcome of these discussions
before deciding to further increase cooperation between Member States in DNA-related areas.

(1) P.R. 170 No 8856/98.
(2) OJ L 322, 12.12.1996.
(3) OJ C 193, 24.6.1997.

(2001/C 163 E/029)

WRITTEN QUESTION E-3049/00

by Jean-Claude Martinez (TDI) to the Council

(29 September 2000)

Subject: Elephant hunting in Africa

The cruel and senseless practice of elephant hunting is still going on, unfortunately against a background
of widespread indifference.

Given that the massacre of these mammals, one of the symbol(cid:146)s of our planet, is prompted by financial
motives connected to the trade in ivory tusks, what steps will the Council take to introduce a total
Community-wide ban on this vile trade?

Will the Council introduce a system of fines for states which continue to allow hunting of this kind within
their territory, reminiscent as it is of the archaic and barbaric practices of former times?

it take measures against travel agencies and other organisations which organise these large-scale

Will
massacres under the guise of safaris or big-game hunting?

Reply

(12 February 2001)

The Council shares the concerns of
the trade in ivory tusks and the
conservation of the African elephant. It has adopted Council Regulation (EEC) No 3626/82 (replaced by
Council Regulation (EC) 338/97) (1) implementing the Convention on international trade in endangered
species of wild fauna and flora (hereinafter (cid:145)the CITES Convention(cid:146)) in the Community. Import of African
elephant ivory for commercial purposes has been prohibited under Community law since 1989.

the Honourable MEP about

However, import of hunting trophies is allowed from some African countries where it has been established
that this limited hunt is not detrimental to the populations concerned, and the gains of sport hunting are
in part returned to the local population and conservation authorities. In such cases, export quotas apply,
and hunting trophies, which must be for personal use only and not for commercial use, must be
accompanied by proper export and import certificates. As to the matter of fines and for measures against
travel agencies, it is pointed out that the CITES Convention in no way affects the right of parties to adopt
stricter domestic measures regarding the conditions for trade, taking possession or transport of specimens
or species included in the appendices to the convention, or the complete prohibition thereof.

is
The parties to the CITES Convention may take stricter measures to prohibit
detrimental to the conservation on the species. The export quotas applicable to elephant trophies adopted
by the Convention(cid:146)s secretariat are considered non-detrimental to the species and therefore deemed
satisfactory.

the trade when it

In the present situation, the Council does not envisage taking steps against countries which authorise
hunting when duly regulated, or against travel agencies promoting it.

(1) OJ L 61, 3.3.1997, p. 1.