Select Committee on European Scrutiny Thirty-Second Report


9. Research and development

(24752)

11535/03

COM(03) 390

Draft Council Decision amending Decision 2002/834/EC on the specific programme for research, technological development and demonstration: "Integrating and strengthening the European research area" (2002-2006).

Legal baseArticle 166(4) EC; consultation; QMV
Document originated9 July 2003
Deposited in Parliament21 July 2003
DepartmentTrade and Industry
Basis of considerationEM of 8 September 2003
Previous Committee ReportNone; but see (23205) 5943/02: HC 152-xxiv (2001-02), paragraph 10 (17 April 2002)
To be discussed in Council22-23 September 2003
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

9.1 In April 2002 we cleared two amended draft Council Decisions for specific programmes implementing the Sixth Framework Programme for research and development for the Community and EURATOM.[19] Community funding for embryonic stem cell research is foreseen under the programme, but the Council and the Commission have agreed that detailed guidance concerning such research should be drawn up by 31 December 2003.

The document

9.2 This draft Council Decision would set out the specific conditions under which the Framework Programme could fund research activities involving the procurement of stem cells from supernumerary in vitro fertilisation human embryos.

9.3 The proposal would require that:

  • participants must obtain ethical advice at local or national level;
  • human embryos used for the procurement of stem cells must have been created before 27 June 2002 (the date of adoption of the Sixth Framework Programme) as a result of medically-assisted in vitro fertilisation designed to induce pregnancy, and no longer to be needed for that purpose;
  • the project must serve particular research aims;
  • all alternative methods must be proved to be insufficient;
  • the donor should provide free, written consent and there should be no monetary compensation;
  • personal data must be protected;
  • participants must follow quality and safety standards;
  • compliance with conditions must be verified by a scientific evaluation and ethical review of each project.

The Government's view

9.4 The Parliamentary Under-Secretary of State for Science and Innovation, Department of Trade and Industry (Lord Sainsbury) tells us:

"The Government welcomes the Commission's intention to encourage the derivation of human embryonic stem cells and the proposal to fund such activities under the European Community's Sixth Framework Programme for Research and Technological Development.

"The Government is disappointed that the Commission has chosen to impose a number of conditions of an ethical nature on this funding. These are against the spirit of the 12th paragraph of Anne I, Part 1.1 of the original decision, which states that 'In compliance with the principle of subsidiarity and the diversity of approaches existing in Europe, participants in research projects must conform to current legislation and ethical rules in the countries where the research will be carried out.' The Government will continue to resist these conditions during future negotiation on the proposal.

"As the proposal only concerns Community funding, there are no policy implications for UK regulation of projects involving human embryonic stem cells and no impact on research programmes funded in the UK."

Conclusion

9.5 We note that this proposal raises an important issue of subsidiarity and welcome the Government's intention to resist this aspect of the draft Decision during negotiations. We look forward to the Minister being able to report progress to us on the issue. Meanwhile we do not clear the document.


19   See headnote. Back


 
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