Source: EURLEX
Language: en
Format: md

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

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# 92001E0434

**WRITTEN QUESTION P-0434/01 by Heidi Hautala (Verts/ALE) to the Council. Treaty of Nice and changes to Article 133 concerning intellectual property and trade in services.** 
  
*Official Journal 235 E , 21/08/2001 P. 0205 - 0205*

  

WRITTEN QUESTION P-0434/01

by Heidi Hautala (Verts/ALE) to the Council

(14 February 2001)

Subject: Treaty of Nice and changes to Article 133 concerning intellectual property and trade in services

In the light of the new provisions of Article 133(5), the commercial aspects of intellectual property as well as trade in services (subject to the listed derogations) will now fall within the Community's powers and responsibilities in respect of the common commercial policy. However Article 133(7) has further provisions restricting the extension of those powers with respect to international negotiations and agreements on intellectual property issues not covered by Article 133(5).

Pursuant to the existing provisions of Article 133(5), the European Parliament must be consulted specifically on the proposed changes to Article 133 of the Treaty.

Will the Council please indicate whether there is a definitive agreement between Member States and the Commission on precisely which aspects of intellectual property are commercial and which are not? If so, will it agree to publish it? If not, how and when will this be defined? As a consequence of these new provisions, will Member States which are signatories to the TRIPs Agreement continue to participate directly and individually in the current and future negotiations on intellectual property issues at WTO level, and will national consent be required for the conclusion of any such agreements?

Reply

(14 May 2001)

1. The questions put by the Honourable Member concern the interpretation of the provisions of Article 133 of the Treaty establishing the European Community, as approved at the Nice Intergovernmental Conference and as they will apply once the Treaty of Nice has been ratified by the 15 Member States and has come into force. It is not for the Council to state a position on that interpretation.

2. The European Parliament would be consulted if the Council were to receive a proposal from the Commission based on the current Article 133(5) of the Treaty establishing the European Community. The Council has received no such proposal.

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