WRITTEN QUESTION P-3742/00 by Pat Gallagher (UEN) to the Commission. Insurance companies' use of genetic tests for inherited diseases.
Date: 2000-11-28
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, insurance company, intra-EU trade, life assurance, loan, medical data

C 174 E/130

Official Journal of the European Communities

EN

19.6.2001

(2001/C 174 E/133)

WRITTEN QUESTION P-3740/00

by Robert Sturdy (PPE-DE) to the Commission

(28 November 2000)

Subject:

(cid:145)Everything But Arms(cid:146) proposal

In light of the (cid:145)Everything But Arms(cid:146) proposal concerning the unilateral abolition of tariffs for the 48 least
developed countries in the world, the Member States requested information on the impact of this proposal
on European agriculture in terms of cost. This study is currently being carried out by the European
Commission.

I understand that this impact assessment is to be completed in advance of a Council decision on the
proposal.

In my capacity as a Member of the European Parliament, I hereby request that this document and any
supporting documentation be made available by the Commission to myself and the other members of the
European Parliament(cid:146)s Committee on Agriculture as soon as the report has been completed and forwarded
to the Council.

Will the European Commission agree to this request?

Answer given by Mr Lamy on behalf of the Commission

(14 December 2000)

The Honourable Member is referring to the recent Commission proposal for a Regulation amending
Council Regulation (EC) No 2820/98 applying a multiannual scheme of generalised tariff preferences for
the period 1 July 1999 to 31 December 2001 (1) so as to extend duty-free access without any quantitative
restrictions to products originating in the least-developed countries (2).

The Commission will be happy to send the Honourable Member, and the relevant committees of the
Parliament, an impact assessment on the above proposal when it is sent to the Council.

Although the Commission is certainly proposing an (cid:145)autonomous(cid:146) measure under the Community(cid:146)s
generalized system of preferences,
tariff eradication as the
Commission proposal responds to multilateral commitments, and is being followed by initiatives from
other developed countries.

this should not be seen as (cid:145)unilateral(cid:146)

(1) OJ L 357, 30.12.1998.
(2) COM(2000) 561 final.

(2001/C 174 E/134)

WRITTEN QUESTION P-3742/00

by Pat Gallagher (UEN) to the Commission

(28 November 2000)

Subject: Insurance companies(cid:146) use of genetic tests for inherited diseases

As the Commission is no doubt aware there is concern that insurance companies inside and outside the
EU may seek authorisation to have access to and use genetic tests with the ultimate aim of either refusing
cover or increasing premiums. The great concern is that some people may be refused life insurance and
mortgages on the basis of the results of genetic tests.

Will the Commission outline whether or not it has considered this issue, and will it give an assurance that
it will not support or propose legislation aimed at giving insurance companies access to or the right to see
genetic test results?

19.6.2001

EN

Official Journal of the European Communities

C 174 E/131

Answer given by Mr Bolkestein on behalf of the Commission

(5 January 2001)

The Commission is aware of the concerns about a possible general application of genetic test results for
insurance purposes in all Member States.

As far as single market rules on insurance and data protection are concerned, there is no specific provision
regarding the use of genetic data for insurance purposes. Under Community law and in line with the
subsidiarity principle, it is for Member States to decide whether or not to authorize the use of genetic data,
taking into account (cid:145)general good(cid:146) requirements. According to information available to the Commission,
insurers in most Member States are subject to restrictions of some kind. These are either legal (as in
Belgium, Denmark, France, the Netherlands and Austria,) or else insurers operate on the basis of voluntary
agreements (the German, Irish and Italian national insurance associations have agreed not to ask for results
of genetic tests. British insurers will only ask for results of these tests in excess of a certain minimum sum
insured). It should be noted that a recent Parliament Resolution on supplementary health insurance (1)
called on the Commission to examine the possibility of prohibiting the use of personal medical data, such
as genetic typing.

However, Article 8 of directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the
protection of individuals with regard to the processing of personal data and on the free movement of such
data (2) requires the consent of the data subject for the processing of genetic data concerning their health,
unless a specific exception applies.

(1) A5-0266/2000, of 16.11.2000.
(2) OJ L 281, 23.11.1995.

(2001/C 174 E/135)

WRITTEN QUESTION P-3743/00

by Maurizio Turco (TDI) to the Council

(29 November 2000)

Subject: Clarifications concerning the reply to priority Written Question P-2247/00 on Opus Dei and

European officials(cid:146) right to exercise discretion

Knowing that:

(cid:129) on 30 June 2000, I tabled priority Written Question P-2247/2000,

(cid:129) Rule 44 of the Rules of Procedure provides that such questions should be answered within 3 weeks,

while non-priority questions should be answered within 6 weeks,

(cid:129) on 7 November 2000, the Council

(cid:145)The first four questions raised by the
Honourable Member have never been brought up before the Council. The last three questions are
obviously matters for the internal organisation of the general secretariat(cid:146).

(cid:145)replied(cid:146) as follows:

The Council:

(cid:129) does it regard itself as bound by those provisions of the Rules of Procedure of the European

Parliament that relate to the Council?

(cid:129) why does it reply only to questions that have already been brought before it?

(cid:129) is it not possible to table parliamentary questions concerning the powers of the general secretariat?

(cid:129) are the activities of the general secretariat confidential?

(cid:129) what staff regulations apply to Council officials?