Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92000E0671

**WRITTEN QUESTION E-0671/00 by Antonio Tajani (PPE-DE), Stefano Zappalà (PPE-DE), Giorgio Lisi (PPE-DE), Francesco Fiori (PPE-DE), Raffaele Fitto (PPE-DE), Raffaele Costa (PPE-DE), Raffaele Lombardo (PPE-DE) and Francesco Musotto (PPE-DE) to the Commission. Violation of EU legislation on the cloning of human beings.** 
  
*Official Journal 374 E , 28/12/2000 P. 0129 - 0130*

  

WRITTEN QUESTION E-0671/00

by Antonio Tajani (PPE-DE), Stefano Zappalà (PPE-DE), Giorgio Lisi (PPE-DE), Francesco Fiori (PPE-DE), Raffaele Fitto (PPE-DE), Raffaele Costa (PPE-DE), Raffaele Lombardo (PPE-DE) and Francesco Musotto (PPE-DE) to the Commission

(9 March 2000)

Subject: Violation of EU legislation on the cloning of human beings

What action does the Commission intend to take following the decision made by the European Patent Office in Munich to approve the grant of a patent for embryo duplication.

How does it intend to uphold fundamental human rights and ensure that, unlike in countries such as the United States and Japan, it is impossible in the European Union to patent procedures involving the manipulation of the genetic structure of cells for the purpose of creating living organisms?

How does it intend to ensure that the document approved by the Patent Office categorically rules out the cloning of human beings?

Answer given by Mr Bolkestein on behalf of the Commission

(25 April 2000)

The actions of the European Patent Office (EPO), which is not a Community institution, are governed by the European Patent Convention (EPC). This Convention is an international agreement to which 19 countries including all the Member States are a party. The implementing regulations to the EPC were amended last year to take account of Directive 98/44/EC of the Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions(1). The regulations, in following the wording of the directive, specifically exclude from patentability processes for cloning human beings, processes for modifying the germ line genetic identity of human beings and uses of human embryos for industrial or commercial purposes.

In response to the controversy surrounding European patent EP0695351, the Commission wrote to the EPO expressing concern about the granting of this patent and seeking a swift amendment of this patent. In response, the EPO has agreed to constitute an opposition division earlier than normal to consider the oppositions that have already been filed in respect of this patent. This opposition division was duly constituted on 29 March 2000 and is expected to issue a preliminary ruling shortly. The Commission will continue to monitor developments and, should the action of the EPO prove inadequate, will consider further action including the possibility of the Commission or the Community formally opposing this patent before the EPO.

(1) OJ L 213, 30.7.1998.

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