WRITTEN QUESTION E-3109/02 by Cristiana Muscardini (UEN) to the Commission. Risks arising from assisted fertilisation.
Date: 2002-10-29
Institutions: European Parliament, Provisional data
Subjects: artificial reproduction, bio-ethics, health policy, medical error, medical institution, medical law, professional qualifications

15.1.2004

EN

Official Journal of the European Union

C 11 E/23

well as minimum standards as to the applicable penalties and sanctions. The proposal also promotes closer
judicial co-operation by regulating issues such as jurisdiction, extradition and prosecution of such offences.

Further to that Member States are obliged by Article 22a of the Television without Frontiers Directive (2) to
ensure that broadcasts do not contain any incitement to hatred on grounds of race, sex, religion of
nationality. It is the Member States’ obligation to transpose this principle in effective national legislation.

Regarding the specific issue raised by the Honourable Member, the Commission has no competence to
take a position on the contractual relations between rights holders and broadcasters in this case. It would
depend on national laws applicable in Member States whether television companies could take such a
measure.

(1) OJ C 75 E, 26.3.2002, p. 269.
(2) Council Directive 89/552/EEC as amended by Directive 97/36/EC of the Parliament and of the Council, of 30 June
1997, on the coordination of certain provisions laid down by law, regulation and administrative action in Member
States concerning the pursuit of television broadcasting activities, OJ L 202, 30.7.1997, p. 60.

(2004/C 11 E/024)

WRITTEN QUESTION E-3109/02

by Cristiana Muscardini (UEN) to the Commission

(29 October 2002)

Subject: Risks arising from assisted fertilisation

On 18 July 2002 the Italian weekly ‘Panorama’ reported the case of a pair of test-tube twins who were
black, born to a white English couple. This incident gives rise to a number of questions and concerns. One
wonders what lies in store for those babies, and who the law will view as being their parents. It also seems
reasonable to question the reliability of the clinics that perform this type of operation, the conditions in
which these are performed and the professional abilities of the medical and paramedical staff.

In this connection, does the Commission:

1.

know whether the regulatory frameworks of the Member States comprise laws on assisted fertilisation
which provide not only for penalties, but also for redress in the event of mistakes such as these
occurring?

2. not consider that this area should be governed by European-level rules which establish minimum
requirements for skills and equipment in respect of the opening of specialist assisted fertilisation
centres?

Answer given by Mr Byrne on behalf of the Commission

(28 November 2002)

No. The Commission does not have data on Member State legislation on assisted fertilisation nor on

1.
provisions concerning penalties or errors taking place during such procedures.

2.
No. The Commission does not consider that a relevant legal basis exists in the EC Treaty for setting
minimum requirements for skills and equipment in respect of the opening of specialist assisted fertilisation
centres. This matter is one falling within the competence of the Member States.