WRITTEN QUESTION E-1942/01 by John Purvis (PPE-DE) to the Commission. Future regulation of human tissue products.
Date: 2001-07-03
Institutions: European Parliament, Provisional data
Subjects: bio-ethics, drafting of EU law, medical law, organ transplantation

C 364 E/228

Official Journal of the European Communities

EN

20.12.2001

(2001/C 364 E/249)

WRITTEN QUESTION E-1942/01

by John Purvis (PPE-DE) to the Commission

(3 July 2001)

Subject: Future regulation of human tissue products

Does the Commission consider that there should be further regulation at a European level of medical
devices involving the retrieval, cultivation and application of human tissue? If so, what scope and timetable
are anticipated?

Answer given by Mr Liikanen on behalf of the Commission

(10 September 2001)

Aware of the importance and sensitivity of human tissue products,
in particular their use in medical
devices, the Commission is examining the need, scope and nature of a Community regulatory initiative
regarding the application of human tissues in medical devices. On ethical Questions, like the retrieval and
cultivation of human tissue, it is appropriate to apply the principles laid down in the Council of Europe(cid:146)s
Convention on Human Rights and Biomedicine for the protection of human rights and dignity of the
human being.

(2001/C 364 E/250)

WRITTEN QUESTION E-1943/01

by Pere Esteve (ELDR) to the Commission

(3 July 2001)

Subject: Regularising the work of tourist guides

The EU lays down the principle whereby a tourist guide may provide services in a country other than his/
her country of origin when accompanying a group of foreign tourists, provided that he/she does not
provide those services in places where a specialist guide is required, such as museums and sites which form
part of a country(cid:146)s historical or architectural heritage.

However, this is the EU(cid:146)s only stipulation regarding the work of tourist guides.

Does the Commission not think that the presence of a properly trained tourist guide is a requirement if the
excursions which are marketed throughout Europe (involving whole- or part-day visits to a particular
geographical site and implicitly or explicitly including natural, cultural and historical attractions) are to be
conducted satisfactorily?

In any event, is the Commission planning to take any further steps to regulate the work of tourist guides at
EU level?

Answer given by Mr Bolkestein on behalf of the Commission

(4 September 2001)

The principle to which the Honourable Member refers to has been established by the Court of Justice in its
case law on tourist guides (judgments of 26.2.1991, Case C-154/89 France [1991] ECR I-659, C-180/89
Italy [1991] ECR I- 709 and C-198/89 Hellenic Republic [1991] ECR I-727). The Court has held that
requiring that tourists are accompanied by a specialised professional guide is justified where there is a need
to protect the general interest in (cid:145)the proper appreciation of places and things of historical interest(cid:146) and to
ensure (cid:145)the widest dissemination of knowledge of the artistic and cultural heritage(cid:146) of a country. According
to the reasoning of the Court, what is relevant in order to determine whether this interest exists or not, is
not the duration of the excursion, but the artistic, architectural, historical or otherwise cultural character of
the attraction to be visited.

The Commission does not intend to propose any specific measure concerning the profession of tourist
guide. Under Articles 40 and 47 (ex-Articles 49 and 57) of
the EC Treaty, Community Directives
concerning professions are only aimed to facilitate the free movement of people while the regulation of