WRITTEN QUESTION E-0934/02 by Paul Rübig (PPE-DE) to the Commission. Earlier extension of the Pancum zone to south-east Europe.
Date: 2002-04-09
Institutions: European Parliament, Provisional data
Subjects: Croatia, Mediterranean third countries, North Macedonia, Western Balkans, economic integration, free-trade area, originating product, trade agreement (EU)

C 52 E/24

Official Journal of the European Union

EN

6.3.2003

processes can be patented if the industrial application of these elements has been disclosed in the patent
application. It should be noted that in cases where a sequence or partial sequence of a gene is used to
produce a protein or part of a protein, the applicant must specify which protein or part of a protein is
produced or what function it performs.

In this case, the patents issued to the company Myriad Genetics relate to the methods and equipment used
to isolate and detect the mutation of certain alleles of genes BRCA 1 and BRCA 2 which may cause breast
or ovarian cancer. The tests which the company plans to carry out seem more comprehensive than those
which already exist and, unlike the tests previously available, these new tests do not require samples which
have been taken from relatives who themselves have contracted breast or ovarian cancer.

In addition, the problem raised by these patents is of a technical nature and relates to the field of patent
law and, more specifically, to the scope of the protection to be afforded to these patents. This very
complex issue involving genetic sequences undoubtedly arises from a situation relating to free competition
and innovation. Whilst the Commission would point out that some of these patents are subject to an
opposition procedure with the Office, it does not feel that there are any imperative ethical reasons for it to
bring pressure to bear on the EPO.

(1) Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998, OJ L 213, 30.7.1998.

(2003/C 52 E/025)

WRITTEN QUESTION E-0934/02

by Paul Rübig (PPE-DE) to the Commission

(9 April 2002)

Subject: Earlier extension of the Pancum zone to south-east Europe

In order to speed up the inclusion of the Mediterranean countries in the system of pan-European
cumulation (Pancum), the variable geometry approach was proposed,
i.e. the inclusion of the Medi-
terranean countries is to take place in stages with agreements with at least two other partners being
sufficient for the Pancum rules to be applicable in trade between these countries;
in other words, a
Mediterranean country would not first to have concluded agreements with all other partners of the existing
Pancum area in order to take advantage of the Pancum rules. There is no sign of a comparable initiative on
the part of the Commission in relation to the countries of south-east Europe, such as Croatia and
Macedonia even though the conditions for applying variable geometry appear favourable. From the point
of view of European industry, therefore, a rapid extension of the area of pan-European cumulation to
include the countries of south-east Europe, primarily Croatia, would seem a matter of priority since
European industrialists, who have in the meantime in large numbers been exploiting the opportunities in
the Central and East European countries for manufacturing according to the principle of the division of
labour, are often unable to fulfil the requirements of origin in bilateral agreements and are consequently
faced with customs duties which would not apply under a PANCUM arrangement.

Why does the extension of the area of pan-European cumulation to the countries of south-east Europe
such as Croatia and Macedonia enjoy lower priority in the eyes of the Commission than extending this
area to the Mediterranean countries?

Answer given by Mr Patten on behalf of the Commission

(31 May 2002)

The European Council has declared that the countries of the Western Balkans are potential candidates for
Union membership and have a clear prospect of accession once the relevant conditions have been met.
The Stabilisation and Association process (SAp), which is the overall
framework for bringing these
countries closer to the standards which apply in the Union, aims to create stronger links between each of
the countries and the Union, and to encourage regional co-operation between the countries themselves.
Trade is a core element of this strategy.

As a means to foster regional integration, the Stabilisation and Association Agreements (SAAs) with both
the former Yugoslav Republic of Macedonia and with Croatia already foresee the possibility of these two
countries participating in a system of diagonal cumulation of origin. According to the declarations
annexed to the SAAs, the Community is to examine the possibility of extending such a system to both
countries once they have met the necessary conditions.

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Official Journal of the European Union

C 52 E/25

As part of the implementation of the SAAs, the issue of diagonal cumulation is currently being examined
with a view to establishing whether the necessary conditions have been fulfilled by both countries. This
examination is running parallel to the on-going extension of the Pan-European system of diagonal
cumulation to Mediterranean partners party to the Barcelona process.

The Commission supports the extension of diagonal cumulation of origin to the Western Balkans
countries, provided that the countries meet the necessary technical conditions, as it would constitute an
important element for further economic integration and co-operation between the countries and support
the political objectives of the SAp.

(2003/C 52 E/026)

WRITTEN QUESTION E-0966/02

by Lousewies van der Laan (ELDR) to the Commission

(10 April 2002)

Subject: Internal Audit Service

On April 1, 2000 the Internal Audit Unit of DG XX was replaced by the Internal Audit Service and several
internal audit capabilities in the DGs. The IAS has thus been functioning for almost two years and the
Commission should have a clear assessment of its achievements.

1.

2.

3.

How does the staffing of the new services compare to the previous one?

How many audit reports have been prepared by the new service and on which subjects?

How does this output compare to the previous service?

Is it correct that a large number of officials recruited by the IAS,

4.
including one supervisor, are
looking for new jobs or have left the service? How does this turnover compare to the previous service?
Is this a matter of concern to the Commission?

Answer given by Mr Kinnock on behalf of the Commission

(25 June 2002)

The Commission refers the Honourable Member to its Internal Audit Report for 2000 and Internal Audit
Interim Report 2001, both of which have been transmitted to the Parliament. These have been up-dated in
the coming months by the Internal Audit Report 2001 which was finalised (cid:1) in common with all other
DG Reports (cid:1) before April 30th and is now being considered by the Commission. Those Reports will be
provided to Parliament in due course.

It is also relevant to draw the Honourable Member’s attention to the fact that when I presented the Interim
Report to the Budgetary Control Committee on 20 February 2002, I covered a wide range of issues
affecting the Internal Audit Service (IAS), and answered questions on other matters,
including staff
turnover. A copy of my 20 February statement is being sent to the Honourable Member. References in the
statement which I made to the Legal Affairs Committee on 21 May and circulated to the Budget Control
Committee on 23 May are also relevant.

Any comparison with the situation of the previous internal audit unit is difficult to interpret: the previous
unit was much smaller (11 staff as against total staffing of over 80 in the new service), and was, until July
2001, part of the ex ante Financial Control Directorate General and had a much more restricted function,
duty, and outlook.

In the period since it formally came into existence on 1 May 2000, Internal Audit Service has focussed on
high-level, high-impact issues, which either affect many departments or are of critical importance to the
Institution, its reform and its governance. The IAS began its audit work with the Reform Progress Audits
of 34 services that were specifically required under the Reform programme’s Action 87. In addition, ten