WRITTEN QUESTION E-1145/04 by Ilda Figueiredo (GUE/NGL) to the Commission. Establishment of a Community inspection body.
Date: 2004-04-15
Institutions: European Parliament, Provisional data
Subjects: EU financing, EU office or agency, Portugal, fishing controls

8.4.2004

EN

Official Journal of the European Union

C 88 E/573

Accordingly, no payments have been made under this programme. The Latvian authorities are currently
engaged in the preparatory work necessary to set up selection criteria as the basis for the identification of
projects in a transparent and competitive manner for support under the programme.

The SPD may be consulted on (http://www.esfondi.lv).

(1) The SPD may be consulted on (http://www.esfondi.lv).

(2004/C 88 E/0585)

WRITTEN QUESTION P-1141/04

by Göran Färm (PSE) to the Commission

(6 April 2004)

Subject: European patent rights in the USA

Some years ago I drew the Commission’s attention to the systematic protectionism practised in the
American legal system, which unfortunately still persists. Several cases brought by European researchers
and inventors before US courts in defence of their patent rights have been obstructed, more or less openly,
by those courts. This may be a breach of the TRIPS agreement, to which the USA is a signatory and which
guarantees foreign patent holders the right to bring proceedings before the signatories’ courts. The case
which the Swedish inventor, Dr Håkan Lans, is still forced to pursue in the US courts after several years is
a clear example of the US protectionism referred to above. Is the Commission prepared to take up Dr Lan’s
case with the US Administration as a warning and a clear indication that the EU will not tolerate such
discrimination?

Answer given by Mr Lamy on behalf of the Commission

(27 April 2004)

The Commission makes extensive efforts to closely monitor the conduct of its trading partners to ensure
their compliance with the stipulations of the TRIPS Agreement.

Regarding the unfortunate circumstances faced by the Swedish inventor Dr Håkan Lans, the Commission
has undertaken a thorough evaluation of the issues involved in the case in conjunction with Dr Lans
himself. Unfortunately, the conclusion that has been reached is that there are no viable legal avenues that
could be pursued in the area of trade policy in this instance.

Obviously, the Commission will thoroughly investigate any other cases brought to its attention which
would call into question the way that the United States’ legal system treats European researchers’ and
inventors’ patent rights pursuant to the TRIPS Agreement.

(2004/C 88 E/0586)

WRITTEN QUESTION E-1145/04

by Ilda Figueiredo (GUE/NGL) to the Commission

Subject: Establishment of a Community inspection body

(15 April 2004)

In view of the fact that the Commission is insisting upon establishing a Community inspection body to
come into operation in 2006, and since the legislation relating to the Community financial support to be

C 88 E/574

Official Journal of the European Union

EN

8.4.2004

granted to the Member States for the purpose of implementing monitoring structures expired at the end of
2003, would the Commission answer the following questions:

1. How does the Commission intend to support Portugal, which has the largest EEZ and the largest
number of vessels to monitor, given that Portugal is clearly under-equipped for the purpose, is known
to be in economic recession and is facing severe financial problems?

2. What action is the Commission intending to take in order to support Portugal

in financing the
acquisition and modernisation of ships and vessels used for monitoring purposes, as it has done in the
case of other countries, in particular Ireland?

Answer given by Mr Fischler on behalf of the Commission

(30 April 2004)

Last November the Commission proposed that the Community financial aid scheme for the Member States’
fishery policing programmes be extended to 31 December 2005 (1). This extension is specifically geared to
the creation of a fishery policing agency expected to start operating in 2006.

Article 4(1)(h) of the proposal for a Council Decision provides for assistance towards the cost of buying
and modernising vessels and aircraft for use in inspection and surveillance of fishing activities. The Council
should be adopting the text shortly.

Applications for the funding of programmes for 2004 are to be submitted by 1 June.

(1) COM(2003) 706 final, 20.11.2003.

(2004/C 88 E/0587)

WRITTEN QUESTION P-1154/04

by Brice Hortefeux (PPE-DE) to the Commission

(6 April 2004)

Subject: Fight against terrorism

The Madrid attacks have once again proved the rule that Europe requires crises, or even tragedies, in order
to make progress. After months of futile procrastination, it has finally been recognised that Europe needs a
constitution in order to provide the EU with the means of protecting itself against those who threaten it,
and in order to create the common area of freedom and security for which the citizens have long called.

Priority should however not be given to expanding existing bodies or increasing bureaucracy, as some
have suggested, but to the question of whether governments are determined to make use of European
structures to develop police and judicial cooperation. Although Europol and Eurojust have already been set
up for this purpose, they are used infrequently and inefficiently. More seriously, the report by the Council
Secretariat on the plan of action to combat terrorism shows that the main obstacle to efficient cooperation
is of a political nature, namely mistrust. It is unacceptable that terrorists should be able to operate without
borders while this is impossible for the police, judicial and intelligence services, even within the European
Union.

What is the Commission’s position with regard to this ‘culture of secrecy’?

Have measures been taken to correct the shortcomings exposed in the above-mentioned report by the
Council Secretariat and, if so, what measures have been taken?