WRITTEN QUESTION E-3323/02 by Dana Scallon (PPE-DE) to the Commission. EU competency.
Date: 2002-11-25
Institutions: European Parliament, Provisional data
Subjects: EU action, aid policy, development aid, legal basis, powers of the institutions (EU)

C 11 E/46

Official Journal of the European Union

EN

15.1.2004

(2004/C 11 E/047)

WRITTEN QUESTION E-3302/02

by Francesco Fiori (PPE-DE) to the Commission

(21 November 2002)

Subject: Bioterrorism Act

The complex procedure laid down in the Bioterrorism Act means that a given food product can be traced
from the moment it is packaged until it is distributed on the US food market, the aim being to limit the
possible impact on public health of terrorist acts carried via the food chain. The US took these steps for
obvious reasons.

There is nevertheless a certain amount of concern about the effects these provisions may have on
international trade and possible barriers which may jeopardise trade relations with the US, one of the most
important markets for Italian quality food products (pasta, olive oil and cheeses).

The law directly affects the interests of
repercussions, in particular for SMEs.

the Italian agri-foodstuffs industry and may have negative

How does the Commission intend to prevent the creation of artificial barriers to trade and excessive
complications for export firms?

Answer given by Mr Lamy on behalf of the Commission

(19 December 2002)

The Commission is aware of the procedures laid down in the American Bio-terrorism Act (BTA) signed
into law on 12 June 2002. This legislation is part of the overall effort by the American government to
provide appropriate prevention measures against terrorist threats using the food chain or other channels.
On all these issues, including protection against bio-terrorism, the Commission has adopted a consistent
approach with the American government based on the need to achieve an appropriate level of security in
the least trade restrictive manner. This position is in line with the spirit of the World Trade Organisation
(WTO) agreement and the trade facilitation objectives of the Doha Development Agenda.

food facilities, establishment and maintenance of records, prior notice of

On 30 August 2002, in view of the potential trade restrictiveness of the measures provided for in the BTA
(registration of
imports,
administrative detention), the Commission and Member States conveyed preliminary comments in writing
to the American Food and Drug Administration (FDA) to express concern with respect to both content
and procedure involved in this legislation and to highlight that some of the proposed precautions will
substantially affect trade flows without necessarily achieving the expected result.

Ultimately, the BTA provides for implementing measures to be adopted by 12 December 2003. The FDA
is currently in the process of drafting proposed regulations to be published by the end of 2002. The
Commission will at that stage make full use of both the American formal rule making process and the
WTO SPS procedure to make its views known further on the specific details of the FDA proposals.

(2004/C 11 E/048)

WRITTEN QUESTION E-3323/02

by Dana Scallon (PPE-DE) to the Commission

(25 November 2002)

Subject: EU competency

Regarding development policy can the European Union implement or support
the implementation,
including with financial assistance, of activities carried out by organisations working in non-EU countries
on matters in which the EU does not have any legal competence?

15.1.2004

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Official Journal of the European Union

C 11 E/47

Answer given by Mr Nielson on behalf of the Commission

(29 January 2003)

Community competence in the field of development policy is provided for in title XX of the EC Treaty.
The policy is implemented in accordance with those provisions.

Accordingly, all action of the Community in the field of development cooperation must fall under the
objectives defined in Article 177 of the EC Treaty. However, it follows from the judgment of the Court of
Justice in Case C-268/1994 (Portugal/Commission, [1996] ECR I-6177) that a measure in the field of
development cooperation may lay down provisions on specific matters without there being any need to
have recourse to other legal bases, or indeed to participation of the Member States in the conclusion of the
agreement, in so far as the essential purpose of the agreement is to pursue the objectives referred to in
Article 177, and on condition that the clauses concerning specific matters do not impose obligations so
extensive that they in fact constitute objectives distinct from those of development cooperation. According
to the Court, the mere inclusion of provisions for cooperation in a specific field does not, therefore,
necessarily imply a general enabling power to serve as the basis of a competence to undertake any kind of
cooperation action in that field, with the result that it does not predetermine the allocation of spheres of
competence between the Community and the Member States or the legal basis of Community acts for
implementing cooperation in such a field.

(2004/C 11 E/049)

WRITTEN QUESTION E-3324/02

by Professor Sir Neil MacCormick (Verts/ALE) to the Commission

(25 November 2002)

Subject: Possible increase of EU contribution to the Global Plan to stop tuberculosis

Will the Commission consider increasing its contribution to the Global Plan to stop tuberculosis? Is the
Commission aware that despite its recent very welcome contribution to the Global Plan, there remains a
serious funding shortfall over the five years of the Plan? Does the Commission agree that in the long run it
would be much more expensive if the Plan were only partially fulfilled with the result of increasing spread
of multi-drug resistant TB?

Answer given by Mr Nielson on behalf of the Commission

(23 December 2002)

The Stop Tuberculosis (TB) Partnership has presented the Global Plan to stop TB in which it describes the
strategies and resources needed over the next five years to expand, adapt, and improve DOTS (directly
observed treatment short regime), meeting the 2005 global targets and setting the world on the road to
the elimination of TB. USD 9 billion is needed to fulfil the objectives of the Plan, with a present gap of
nearly US$4 billion.

The Commission is aware of the pertinence and urgency of investing in TB which will have an overall
development impact and also avoid the costs of a spread of multi-drug resistant TB in the future.

The Commission supports the extension of the DOTS strategy. This strategy relies on effective health
systems and therefore it is through support at country level and in dialogue with the government
authorities towards sector support we can best support TB control. The Commission is also co-financing
non-governmental organisations (NGOs) which have focused on TB control
in some regions. The
Commission also supports the Global Fund to fight acquired immune deficiency syndrome (AIDS), malaria
and tuberculosis aiming at TB control in the context of the Millennium Development Goals. These funds
will target tuberculosis control programmes, including scaling up DOTS.