WRITTEN QUESTION E-0440/01 by Heidi Hautala (Verts/ALE) to the Commission. Treaty of Nice and changes to Article 133 concerning intellectual property and trade in services.
Date: 2001-02-16
Institutions: European Parliament, Provisional data
Subjects: European treaties, common commercial policy, intellectual property

13.11.2001

EN

Official Journal of the European Communities

C 318 E/51

(2001/C 318 E/053)

WRITTEN QUESTION E-0440/01

by Heidi Hautala (Verts/ALE) to the Commission

(16 February 2001)

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

Pursuant to 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 on the
common commercial policy. However, Article 133(7)
lays down further provisions which restrict the
extension of those powers in relation to international negotiations and agreements on intellectual property
issues not covered by Article 133(5).

Will the Commission please explain:

1. Whether there is a definitive agreement between the Commission and Member States 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?

2. Whether the Member States, who are all signatories to the TRIPs Agreement, will continue to play
a direct role in the current and future negotiations on intellectual property issues at WTO level and in
other international fora, and whether national consent will be required for the conclusion of any such
agreements?

3. How and when the European Parliament will be consulted specifically on the proposed changes to

Article 133 of the Treaty, as required by the existings provisions of Article 133(5)?

Answer given by Mr Lamy on behalf of the Commission

(19 April 2001)

There is no legally binding definition in Community law of the terms (cid:145)commercial aspects of intellectual
property(cid:146) used in the new Article 133 (ex Article 113), paragraph 5, first indent EC Treaty as amended by
the Treaty of Nice.

The competence for agreements on commercial aspects of intellectual property will be brought under
Community competence for the common commercial policy by the new Article 133, paragraph 5.

In this regard, the Commission regrets that its initiative to improve the institutional position of the
Parliament in the conduct of the common commercial policy was not accepted by the Intergovernmental
Conference of Nice. Irrespective of this, the Commission will continue its policy of transparency and close
co-operation with the Parliament in trade matters.

The enabling cause contained in the current Article 133, paragraph 5, which indeed requires a proposal
from the Commission and consultation of the Parliament has not been activated. Rather, this provision will
be replaced by the new Article 133 paragraph 7.

(2001/C 318 E/054)

WRITTEN QUESTION E-0445/01

by Niels Busk (ELDR) to the Commission

(16 February 2001)

Subject: Blacklisting

According to the Commission(cid:146)s answer to Question P-3153/00 (1),
operators who present a risk of non-reliability.

it is possible to keep a register of