WRITTEN QUESTION P-0434/01 by Heidi Hautala (Verts/ALE) to the Council. Treaty of Nice and changes to Article 133 concerning intellectual property and trade in services.
Date: 2001-02-14
Institutions: European Parliament, Provisional data
Subjects: TRIPS, Treaty of Nice, common commercial policy, intellectual property, interinstitutional relations (EU), interpretation of the law

21.8.2001

EN

Official Journal of the European Communities

C 235 E/205

Moreover, one of the joint actions to be launched in the near future deals with the (cid:145)credit for life(cid:146) where
the recognition of prior experience or learning should be one of its pillars. The Leonardo and Socrates/
Grundtvig networks on recognition should also be mentioned as reflection fora and action-oriented
initiatives in this field.

(1) Council Decision 2001/63/EC of 19 January 2001 on Guidelines for Member States(cid:146) employment policies for 2001

(OJ L 22, 24.1.2001).
(cid:145)A Memorandum on Lifelong Learning(cid:146) Commission Staff Working Paper, (SEC(2000) 1832/30-10-2000).

(2)

(2001/C 235 E/240)

WRITTEN QUESTION P-0434/01

by Heidi Hautala (Verts/ALE) to the Council

(14 February 2001)

Subject: Treaty of Nice and changes to Article 133 concerning intellectual property and trade in services

In the light of the new provisions of Article 133(5), the (cid:145)commercial aspects of intellectual property(cid:146) as
well as (cid:145)trade in services(cid:146) (subject to the listed derogations) will now fall within the Community(cid:146)s powers
and responsibilities in respect of the common commercial policy. However Article 133(7) has further
to international negotiations and
provisions restricting the extension of
agreements on intellectual property issues not covered by Article 133(5).

those powers with respect

Pursuant
to the existing provisions of Article 133(5),
specifically on the proposed changes to Article 133 of the Treaty.

the European Parliament must be consulted

Will the Council please indicate whether there is a definitive agreement between Member States and the
Commission on precisely which aspects of intellectual property are commercial and which are not? If so,
will it agree to publish it? If not, how and when will this be defined? As a consequence of these new
provisions, will Member States which are signatories to the TRIPs Agreement continue to participate
directly and individually in the current and future negotiations on intellectual property issues at WTO
level, and will national consent be required for the conclusion of any such agreements?

Reply

(14 May 2001)

1.
The questions put by the Honourable Member concern the interpretation of the provisions of Article
133 of the Treaty establishing the European Community, as approved at the Nice Intergovernmental
Conference and as they will apply once the Treaty of Nice has been ratified by the 15 Member States and
has come into force. It is not for the Council to state a position on that interpretation.

2.
The European Parliament would be consulted if the Council were to receive a proposal from the
Commission based on the current Article 133(5) of the Treaty establishing the European Community. The
Council has received no such proposal.

(2001/C 235 E/241)

WRITTEN QUESTION P-0435/01

by JosØ PomØs Ruiz (PPE-DE) to the Commission

(13 February 2001)

Subject: Role of the national parliaments and the European Parliament

Having set up the necessary temporary committee of inquiry, the Spanish Parliament considered the issue
of flax subsidies in Spain and wound up its proceedings with the decision that the Minister of Agriculture
at the time in question, Mrs Loyola de Palacio, should be absolved of all political responsibility. It endorsed