WRITTEN QUESTION P-1286/03 by Michl Ebner (PPE-DE) to the Commission. Smallpox danger.
Date: 2003-03-31
Institutions: European Parliament, Provisional data
Subjects: biological weapon, civil defence, competence of the Member States, environmental risk prevention, epidemiology, infectious disease, information network, terrorism

C 242 E/226

Official Journal of the European Union

EN

9.10.2003

Is the Commission planning to put forward any proposal with a view to establishing future legislation on
the habitability of buildings intended as dwellings? If so, would the Commission be willing to consider the
possibility of including in such a proposal the issue of vendor liability in the event of hidden defects in
property which is put up for sale?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2003)

Unlike construction products, which are the subject of a specific Community directive (1), legislation on
buildings remains the responsibility of the Member States. As the Treaty does not make provision for
Community legislation on the habitability of buildings intended as dwellings (minimum living area,
insulation, conditions of access, surroundings etc.), the Commission cannot contemplate putting forward
any proposals in this direction. Furthermore, it is not clear whether any such initiative would have an
added value.

Community legislation does not cover vendor liability in the event of hidden defects in property that is
sold. Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (2),
although it covers hidden defects, does not apply to immovable property. Directive 85/374/EEC
concerning liability for defective products (3), which relates to non-contractual
liability only, does not
cover immovable property, which means that it too is not applicable in the case in point. The Commission
does not feel it would be appropriate to table a specific proposal on this subject. However, it intends to
propose in the near future a framework directive on unfair commercial practices. Such a directive would
certainly help to protect the interests of building purchasers.

(1) Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative

provisions of the Member States relating to construction products (cid:1) OJ L 40, 11.2.1989.

(2) OJ L 171, 7.7.1999.
(3) OJ L 210, 7.8.1985.

(2003/C 242 E/265)

WRITTEN QUESTION P-1286/03

by Michl Ebner (PPE-DE) to the Commission

(31 March 2003)

Subject: Smallpox danger

How does the Commission view the danger of a possible smallpox attack?

What countermeasures has the Commission taken, or will it take?

Do preventive measures exist at European level?

Can a Member State be required to take preventive measures?

Would the Commission state its position on these questions?

Answer given by Mr Byrne on behalf of the Commission

(29 April 2003)

The risk of a smallpox outbreak, through a deliberate introduction of the variola major virus, responsible
for smallpox, cannot be excluded.

Counter-measures to prevent and mitigate the consequences of such outbreaks are the responsibility of
Member States. Since the bioterrorist attacks in the United States in September 2001 and October 2001,
the Member States have taken measures to strengthen their preparedness and response capability with
regard to smallpox.

9.10.2003

EN

Official Journal of the European Union

C 242 E/227

Member States are required to notify disease outbreaks and unusual epidemiological situations to the
Commission pursuant to Decision No 2119/98/EC of the Parliament and of the Council setting up a
network for the epidemiological surveillance and control of communicable diseases in the Community (1).
A further Commission Decision has been proposed adding variola major to Commission Decision 2002/
253/EC of 19 March 2002 laying down case definitions for reporting communicable diseases to the
Community network under Decision No 2119/98/EC of the Parliament and of the Council (2).

In addition,
the Commission, as indicated in its Communications on 28 November 2001 on ‘Civil
protection: state of preventive alert against possible emergencies’ (3) and on 11 June 2002 on ‘Civil
Protection (cid:1) Progress made in implementing the programme for preparedness for possible emergencies’ (4),
is co-operating closely with the Member States to enhance their preparedness and response not only to
smallpox but also other threats from (deliberate release of) chemical, biological and radio-nuclear (CBRN)
agents. It has launched a series of co-ordinated actions across the civil protection, health, enterprise
(pharmaceuticals), research, nuclear and transport and energy fields.

Finally, the Commission has joined efforts with the Council in inventorying measures and actions across
Union policies to face up to CBRN terrorist threats and setting up the strategic objectives for future action.
These are set out in the joint programme, agreed on 20 December 2002 (5), to improve co-operation in
the Union for preventing and limiting the consequences of such threats.

(1) OJ L 268, 3.10.1998.
(2) OJ L 86, 3.4.2002.
(3) COM(2001) 707 final.
(4) COM(2002) 302 final.
(5) Council Document 14627/02.

(2003/C 242 E/266)

WRITTEN QUESTION E-1391/03

by Mario Borghezio (NI) to the Commission

(15 April 2003)

Subject: Health passport for non-EU citizens

The recent case of cholera identified in a Senegalese passenger on a flight from Brussels to Turin is a very
real reminder of the grave dangers posed by inadequate health controls on immigrants from outside the
EU.

This is in addition to the alarm raised by the world health authorities over the SARS virus.

Does the Commission not consider it useful, in relation to the circulation of non-EU citizens, to propose
the creation of a special health passport to safeguard the health of all?

Answer given by Mr Byrne on behalf of the Commission

(19 May 2003)

The Commission is well aware of the potential risks of imported communicable diseases and their impact
on Member States. The current epidemic of Severe Acute Respiratory Disease (SARS) is a good example of
such a threat. The Commission is collaborating with the Member States,
through the designated
Authorities of the Ministries of Health, and with the World Health Organisation (WHO) to implement
actions to control such diseases,
in particular through the revision of the WHO International Health
in such cases, particularly where an incubation period is involved, there is no
Regulations. However,
obvious link between health-related information which might be contained in a health passport and the
control of a communicable disease of this nature.

The Commission will prepare a SARS Monitoring Report for the 2 June 2003 Health Council.