Source: EURLEX
Language: en
Format: md

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

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# 92000E2931

**WRITTEN QUESTION P-2931/00 by Marie-Noëlle Lienemann (PSE) to the Commission. Observance of Directive 98/44/EEC as regards human cloning.** 
  
*Official Journal 136 E , 08/05/2001 P. 0111 - 0112*

  

WRITTEN QUESTION P-2931/00

by Marie-Noëlle Lienemann (PSE) to the Commission

(11 September 2000)

Subject: Observance of Directive 98/44/EEC as regards human cloning

Does the Commission not consider it necessary to make representations to the British authorities to ensure observance of Directive 98/44/EC(1) which specifically prohibits the issue of patents on inventions involving the use of human embryos for industrial or commercial purposes?

(1) OJ L 213, 30.7.1998, p. 13.

Joint answer to Written Questions P-2852/00 and P-2931/00 given by Mr Busquin on behalf of the Commission

(3 October 2000)

The member responsible for research stated a position on behalf of the Commission during Parliament's plenary session on 6 September 2000 with regard to the report by the UK group of experts concerning the authorisation of research into human embryonic stem cells and their therapeutic uses.

On this occasion he pointed out that Parliament and Council Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions regulated the conditions under which an invention based on biological matter may receive patent protection. However, the aim of the directive is not to lay down conditions under which the research itself may be carried out.

Respect for the national identity of the Member States and for subsidiarity has caused the Treaty on European Union to leave the prerogatives to legislate on matters of ethics to the Member States themselves.

The Commission cannot impose any constraints on the freedom of states to lay down the conditions under which they wish to regulate research. Its role consists of promoting a debate on ethics while maintaining the diversity of our cultures and our sensitivities in Europe. It is thus one of the aims of the European research area.

The Commission has in its possession no information on any pressure on the UK authorities.

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