Source: EURLEX
Language: en
Format: md

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

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# 92001E0440

**WRITTEN QUESTION E-0440/01 by Heidi Hautala (Verts/ALE) to the Commission. Treaty of Nice and changes to Article 133 concerning intellectual property and trade in services.** 
  
*Official Journal 318 E , 13/11/2001 P. 0051 - 0051*

  

WRITTEN QUESTION E-0440/01

by Heidi Hautala (Verts/ALE) to the Commission

(16 February 2001)

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

Pursuant to 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 on the common commercial policy. However, Article 133(7) lays down further provisions which restrict the extension of those powers in relation to international negotiations and agreements on intellectual property issues not covered by Article 133(5).

Will the Commission please explain:

1. Whether there is a definitive agreement between the Commission and Member States 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?

2. Whether the Member States, who are all signatories to the TRIPs Agreement, will continue to play a direct role in the current and future negotiations on intellectual property issues at WTO level and in other international fora, and whether national consent will be required for the conclusion of any such agreements?

3. How and when the European Parliament will be consulted specifically on the proposed changes to Article 133 of the Treaty, as required by the existings provisions of Article 133(5)?

Answer given by Mr Lamy on behalf of the Commission

(19 April 2001)

There is no legally binding definition in Community law of the terms commercial aspects of intellectual property used in the new Article 133 (ex Article 113), paragraph 5, first indent EC Treaty as amended by the Treaty of Nice.

The competence for agreements on commercial aspects of intellectual property will be brought under Community competence for the common commercial policy by the new Article 133, paragraph 5.

In this regard, the Commission regrets that its initiative to improve the institutional position of the Parliament in the conduct of the common commercial policy was not accepted by the Intergovernmental Conference of Nice. Irrespective of this, the Commission will continue its policy of transparency and close co-operation with the Parliament in trade matters.

The enabling cause contained in the current Article 133, paragraph 5, which indeed requires a proposal from the Commission and consultation of the Parliament has not been activated. Rather, this provision will be replaced by the new Article 133 paragraph 7.

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