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   The  Governments  of the Member States and the European  Commission  were
   represented as follows:

   Mr Willy CLAES                Minister for Foreign Affairs
   Mr Robert URBAIN              Minister  for  Foreign Trade  and  European

   Mr Niels HELVEG PETERSEN      Minister for Foreign Affairs
   Mr Jorgen ØSTRØM MØLLER       State Secretary for Foreign Affairs

   Mr Klaus KINKEL               Federal Minister for Foreign Affairs
   Ms Ursula SEILER-ALBRING      Minister of State for Foreign Affairs
   Mr Dieter von WÜRZEN          State Secretary for Economic Affairs

   Mr Karolos PAPOULIAS          Minister for Foreign Affairs
   Mr Théodoros PANGALOS         Deputy Minister for Foreign Affairs

   Mr Javier SOLANA              Minister for Foreign Affairs
   Mr Carlos WESTENDORP          State  Secretary  for  Relations  with  the
                                 European Communities
   Mr Apolonio RUIIZ LIGERO      State Secretary for Foreign Trade

   Mr Alain JUPPE                Minister for Foreign Affairs
   Mr Alain LAMASSOURE           Minister  with special  responsibility  for
                                 European Affairs

   Mr Dick SPRING                Minister for Foreign Affairs
   Mr Tom KITT                   Minister of State at the Departments of the
                                 Taoiseach and Foreign Affairs with  special
                                 responsibility for European Affairs

   Mr Beniamino ANDREATTA        Minister for Foreign Affairs
   Mr Paolo BARATTA              Minister for Foreign Trade

   Mr Jacques POOS               Minister for Foreign Affairs

   Mr P.H. KOOIJMANS             Minister for Foreign Affairs
   Mr Piet DANKERT               State Secretary for Foreign Affairs

   Mr José Manuel DURAO BARROSO  Minister for Foreign Affairs
   Mr Vitor MARTINS              State Secretary for European Affairs

   United Kingdom
   Mr Douglas HURD               Secretary   of   State  for   Foreign   and
                                 Commonwealth Affairs
   Mr David HEATHCOAT-AMORY      Minister of State, Foreign and Commonwealth

   Mr Henning CHRISTOPHERSEN     Vice-President
   Mr Manuel MARIN               Vice-President
   Sir Leon Brittan              Member
   Mr Hans VAN DEN BROEK         Member


   The  Council  held  a public debate - relayed by radio and  TV -  on  the
   priorities  of the Greek Presidency's work programme.  As well as  giving
   their  reactions to the programme, Members of the Council outlined  their
   own priorities and stated their views on current issues.


   The Council heard a statement by Mr CHRISTOPHERSEN, Vice-President of the
   Commission,  on the Commission's plan for implementing the  White  Paper,
   and  took  note of the Presidency's programme on the  same  subject  with
   regard  to  the  work that was to be done by the  Council,  as  variously
   constituted, during the first half of 1994.

   On  a proposal from the Commission, the Council appointed the members  of
   the  high-level group - the Bangemann Group - which the European  Council
   had  envisaged  for the purpose of drawing up a report  on  the  specific
   measures  to  be considered by the Community and the Member  States  when
   laying  down  precise  means of action in the field  of  new  information

   A list of the members of the Group is attached.

                                 * * * * * * *


   The  Council  held a detailed discussion of the situation in  the  former
   Yugoslavia in the presence of Lord Owen and Mr Stoltenberg.

   It adopted the following statement on the question of Sarajevo:

   "The  European  Union  expresses  its revulsion  at  the  renewed  brutal
   shelling of civilians in Sarajevo which has taken place in recent days.

   Bearing  in  mind  the relevant resolutions of the  United  Nations,  the
   decisions of the North Atlantic Alliance most recently reiterated at  the
   NATO Summit of 11 January and the recent request of the Secretary-General
   of  the  United Nations, it supports a very early meeting  of  the  North
   Atlantic  Council.  In concert with the Secretary-General of  the  United
   Nations,  the aim should be to bring about the immediate lifting  of  the
   siege  of  Sarajevo, using all the means necessary including the  use  of

   The  measures taken would be the first step in the implementation of  the
   action  plan  of the European Union.  The European Union  reiterates  its
   support for the efforts of the co-Chairmen to place the administration of
   Sarajevo under the authority of the United Nations."

   Regarding  the other aspects of the crisis in the former Yugoslavia,  the
   Council emphasized that:

   -  the only realistic path, short of a military solution, was to continue
      the negotiations;

   -  the Union's plan of action continued to be the basis for negotiations.
      The Union was willing to consider any changes that might be needed  to
      achieve  a negotiated result and it was ready to promote the  idea  of
      international arbitration to facilitate a territorial settlement;

   -  in  implementing  the  plan of action, priority had  to  be  given  to
      lifting  the  siege  of  Sarajevo  and  establishing  the   district's
      international status;

   -  the  progress made on the question of Srebenica and the  reopening  of
      Tuzla confirmed the effectiveness of the European Union's approach and
      the value of showing the necessary resolve towards all the parties;

   -  the  progress  made  on  achieving a  modus  vivendi  in  Krajina,  in
      accordance with the plan of action, was an encouraging development and
      the efforts to ensure full implementation should be continued;

   -  in  Bosnia it was necessary to pursue and encourage an improvement  in
      relations   between  Croats  and  Muslims,  especially  on   questions
      concerning  access  to the sea and a viable  territorial  solution  in
      central Bosnia;

   -  the presence in southern Bosnia-Herzegovina of regular troops from the
      Republic  of  Croatia  was  a  violation  of  international   law.  As
      requested by the President of the Security Council, the European Union
      demanded  that  Croatia  withdraw these  troops  and  their  equipment
      without  delay.  The  European  Union  emphasized  that  the  disputes
      between  Croats and Muslims could only be resolved at the  negotiating

   -  there was a need to maintain close contact with the United States  and
      to  examine with that country any adjustments that had to be  made  to
      the plan of action.  The same would apply to Russia.  The Union  would
      also remain in contact with the Islamic countries;

   -  humanitarian  aid  continued to be a matter  of  priority.  The  Union
      would  intensify its efforts to implement the various aspects  of  the
      joint action decided on in December;

   -  UNPROFOR  had an important role to play in the humanitarian field  and
      in  avoiding  a sudden deterioration of the situation on  the  ground.
      The Council condemned the attacks on UNPROFOR and the obstacles placed
      in its way which could undermine the fulfilment of its mandate.


   The  Council  noted  the  final report of  the  European  Union  election
   observation  unit  set up in Moscow in accordance with  the  joint-action
   decision taken on 8 November 1993.

   The  Council  also  approved the following statement on  Russia  and  the
   Council of Europe:

   "The  European Union welcomes the decision of the Parliamentary  Assembly
   of the Council of Europe to proceed with consideration of the application
   for  membership of the Russian Federation.  The European Union  reaffirms
   its  desire  to  see  Russia admitted to the Council  of  Europe  at  the
   earliest  possible  date when all the criteria for membership  have  been

   The  Council agreed to take stock of the negotiations on the  partnership
   agreement at its next meeting.


   The Council welcomed the progress made in updating the negotiating  brief
   and hoped that the negotiations would be concluded at an early date.

   The  Council  noted  that  the European Union  would  take  part  in  the
   monitoring  of  the  parliamentary elections on  27 March  and  that  the
   necessary practical arrangements were being made by the Presidency, which
   would also ensure co-operation with the European Parliament and the other
   international institutions concerned.

   The  Council adopted the following statement on the vote which had  taken
   place in the Ukrainian Parliament.

   "The European Union warmly welcomes the vote of approval by the Ukrainian
   Parliament  of the tripartite nuclear weapons agreement, the decision  to
   remove  their  reservations on Article 5 of the Lisbon  Protocol  and  to
   authorize  the Government to exchange instruments of ratification of  the
   Start I Treaty.  The European Union remains concerned about the  position
   of  the Rada on the NPT and reiterates the importance it attaches to  the
   immediate accession of Ukraine to this Treaty.

   The  European  Union,  which wants to develop  further  and  enhance  its
   relations with Ukraine, announces its willingness in principle to  revise
   the  PCA mandate and to organize an observer mission to  the  forthcoming
   parliamentary  elections.  In  this  context,  the  Presidency  and   the
   Commission are ready to make an early visit to Kiev."


   The  Council  decided  to  authorize  the  Commission  to  negotiate  new
   agreements  aimed at creating free trade areas with Estonia,  Latvia  and
   Lithuania and adopted the necessary negotiating directives.

   The Council and the Commission adopted the following statement:

   "The  Council notes with satisfaction continuous political  and  economic
   progress in Estonia, Latvia and Lithuania.

   At  the  same time, the Council acknowledges the  importance  of  further
   strengthening integration between those countries and the European  Union
   and reaffirms its determination to accomplish this objective.

   The  prospect of the creation of free trade areas between the  Union  and
   each  of the Baltic States by 1 January 1995, on the basis of  a  mandate
   adopted by the Council, following the decisions of the Copenhagen Summit,
   is an important step to this end.  In this context an enhanced  political
   dialogue could also be agreed with Estonia, Latvia and Lithuania.

   The Council will take all necessary steps with the aim of negotiating and
   concluding  Europe Agreements as soon as possible in recognition  of  the
   fact that Estonia, Latvia and Lithuania's ultimate objective is to become
   members of the European Union through Europe Agreements.

   The Commission agrees to present proposals at an early stage in order  to
   ensure that the process of negotiating Europe Agreements may be started."



   Referring  to  the interinstitutional Declaration of  25 October 1993  on
   democracy,  transparency and subsidiarity, and in particular  paragraph 2

   Having noted the Commission proposal concerning the legislative programme
   for  1994  and the European Parliament's  Resolution  of  19 January 1994
   concerning the said draft programme,

   Affirms the need to give appropriate priority to implementing the  Treaty
   on  European Union, for which time limits in 1994 are laid down  by  that
   Treaty,  and  to giving practical effect to the conclusions of  the  most
   recent  European  Councils which set similar time limits  and  for  which
   provisions of a "legislative" nature must be adopted by the  institutions
   of the Union in accordance with the Treaties.

   Among  the abovementioned priority matters, particular emphasis  will  be
   laid on the following:

   -  Conclusion  of  the enlargement negotiations  with  Austria,  Finland,
      Norway  and Sweden, with the assent of the European  Parliament  being
      given during the current parliamentary term;

   -  Adoption  of the Fourth Research Framework Programme  (1994-1998)  and
      the specific programmes;

   -  Realization  as soon as possible of the objectives of  the  Commission
      White  Paper  in  accordance  with the  conclusions  of  the  Brussels
      European Council on 10 and 11 December 1993;

   -  Strengthening  of  economic and social cohesion through  adoption  and
      implementation   of  the  appropriate  measures  and  above  all   the
      definitive establishment of the Cohesion Fund, as well as promotion of
      Community initiatives in the framework of the Structural Funds;

   -  Completion  of  the  trans-European  networks  and  adoption  of   the
      guidelines  in  the  fields  of  traditional  railway  infrastructure,
      airport and port infrastructure, energy and gas;

   -  Completion of the legislative programme relating to the  establishment
      of the internal market and promotion of measures for its consolidation
      and dynamic development;

   -  Implementation of Article 8b(1) of the Treaty on Union (right to  vote
      and eligibility to stand as a candidate in municipal elections);

   -  Full  implementation  of  the conclusions of  the  Edinburgh  European
      Council concerning in particular:

      = the  financing  of  the Community, through  the  adoption  of  texts
        relating  to the own resources system, budgetary discipline and  the
        Guarantee Fund, and

      = application of the principle of subsidiarity;

   -  Adoption   of  the  negotiating  directives  and  conclusion  of   the
      negotiations  in  progress  concerning  agreements  in  the  field  of
      external relations."


   The Council established the position to be taken by the European Union at
   the 4th meeting of the EC-Algeria Co-operation Council, which was held in
   the  evening of Monday 7 February (see joint press release CE-AL  3102/94
   Presse 18).


   The Council approved the negotiating directives for the partial review of
   the Fourth ACP-EEC Convention due to start in May.

   In accordance with the Convention, the Council will notify the ACP States
   by  the  end of February of the provisions of the  Convention  which  the
   Community will seek to review.


   The Council approved the draft Decision of the European Parliament on the
   regulations  and  general  conditions governing the  performance  of  the
   Ombudsman's  duties.  The Decision reproduces the terms of the  agreement
   reached by the three Institutions at the Interinstitutional Conference on
   25 October 1993.

   The Council also decided to send the President of the European Parliament
   a  letter  indicating  those  provisions of  the  Parliament's  Rules  of
   Procedure  which  the Council deemed incompatible  with  the  Ombudsman's
   regulations as approved at today's meeting.


   Having  consulted  the  European Parliament, the  Council  appointed  the
   following  persons  as members of the Court of Auditors  for  the  period
   10 February 1994    to    9 February 2000:    Mr Patrick EVERARD     (B),
   Mr Ole WARBERG (DK), Mr Giorgio CLEMENTE (I),         Mr Armindo de Jesus
   de SOUSA  RIBEIRO  (P),  Mr Barry DESMOND  (IRL)  and  Mr Antoni CASTELLS


   The Council appointed Mr Serge ABOU, a Commission official, as a European
   observer for the Cyprus problem.

   Prior  to  the  review  scheduled for January 1995  of  the  question  of
   Cyprus's  accession  to the European Union, the mandate of  the  European
   Union observer to the intra-Community talks on Cyprus provides for him to
   report  periodically  to  the Council on the  implications  of  political
   developments in Cyprus for the Union's "acquis communautaire",  including
   the  progress  of  the United Nations  Secretary-General's  good  offices
   mission for Cyprus.


   In  line  with its conclusions of 15 December 1993, the  Council  reached
   agreement,  with  the  United Kingdom voting against, on  all  the  texts
   designed  to  complete  the internal market as  regards  Community  trade
   policy.  With  this agreement, the Council will be able in the very  near
   future  to formally adopt the Regulations and Decisions providing,  among
   other things, for:

   -  the  abolition of more than 6 000 national  quantitative  restrictions
      and  their  replacement  by a very small number  of  Community  quotas
      (seven  for  China,  plus a number of textile  quotas  in  respect  of
      certain countries whose products are not covered by bilateral  textile

   -  simplified  uniform  rules  and  formalities  on  importation  to   be
      fulfilled by economic operators;

   -  measures  to  increase the efficiency of the  anti-dumping  and  anti-
      subsidy  investigation  procedures  that will  apply  not  later  than
      1 April 1995 when the necessary budget funds have been made available;

   -  a more efficient decision-making procedure for initiating,  conducting
      and concluding an international dispute-settlement procedure;

   -  more  efficient  administration  of textile products  not  covered  by
      bilateral agreements;

   -  1 March 1994  as the date on which the transfer of powers  on  dumping
      and subsidies to the Court of First Instance will take effect.

   The aim of this set of measures is to establish a balance between, on the
   one hand, a Community market that is open to the world and, on the other,
   speedier  and more efficient decision-making procedures that will  enable
   trade  measures  to be applied when the Community is  faced  with  unfair
   trading practices.


   The   Council  prepared  for  the  accession  negotiation   meetings   at
   ministerial  level with Austria, Sweden, Finland and Norway,  which  were
   held on Tuesday 8 February.

   Among  other things, the Council decided on the Union's common  positions
   concerning transit in the case of Austria, and agriculture  (transitional
   arrangements), regional policy and structural instruments in the case  of
   all four applicant countries.

                                     - - -
   The items remaining on the agenda which the Council was unable to discuss
   at  today's  meeting  were  held  over  until  a  special  meeting  -  on
   enlargement - on 21 February 1994.


                        Members of the High Level Group
                               "Bangemann Group"

   Bonfield, Peter L.            Chairman and Chief Executive ICL
   Davignon, M. Etienne          President SGB
   Davis, Peter J.               Chairman Reed Elsevier
   De Benedetti, M. Carlo        Presidente Amministratore Delegato Olivetti
   Ennis, Brian                  Managing Director IMS
   Knutsen, Anders               Bang & Olufsen
   Makropoulos, Constantin       Former Managing Director of Elsyp (Hellenic
                                 Information System)
   Maragall, Pascual             Alcalde de Barcelona
                                 Vicepresidente de Polis
   Dr Hunsel, Lothar             Vorsitzender   der   Geschäftsführung   der
                                 DeTeMobil GmbH
   Prodi, Romano                 Presidente Direttore General IRI
   Rousselet, André              Président Directeur Général Canal Plus
   Suard, Pierre                 Président Alcatel
   Thorn, Gaston Egmont          Président du Conseil d'Administration de la
   Timmer, Jan D.                Voorzitter, Philips Electronics
   Velazquez, Candido            Presidente Telefónica
   Cabral da Fonseca, Eurico     Presidente das Comunicações Nacionais
   Von Pierer, Heinrich          Vorsitzender des Vorstandes Siemens
   Gyllenhammer, Pehr G.         Former Executive Chairman of AB Volvo
   Henkel, Hans Olaf             Chairman  and Chief Executive  Officer  IBM

                                     - - -

   (adopted unanimously without debate, unless otherwise stated)

   Trade policy

   The Council adopted Regulations:

   -  opening  and  providing  for the administration  of  Community  tariff
      quotas for certain agricultural products originating in Israel (1994);

   -  opening  and  providing  for the administration  of  Community  tariff
      quotas  for  certain  agricultural products  originating  in  Algeria,
      Morocco, Tunisia and Egypt (1994);

   -  opening  and  providing  for the administration  of  Community  tariff
      quotas for certain agricultural products originating in Cyprus (1994);

   -  establishing Community statistical surveillance for imports of certain
      agricultural  products originating in Cyprus, Egypt,  Jordan,  Israel,
      Tunisia,  Syria,  Malta  and Morocco which are  subject  to  reference
      quantities (1994);

   -  opening  and  providing  for the administration  of  Community  tariff
      quotas  and ceilings for certain agricultural and industrial  products
      originating in Romania and Bulgaria (1994);

   -  reducing   the  variable  components  applicable  to   certain   goods
      originating  in the Slovak Republic resulting from the  processing  of
      agricultural   products  referred  to  in  the  Annex  to   Regulation
      No 3448/93;

   -  amending   Regulation  No 3918/92  opening  and  providing   for   the
      administration  of  Community tariff quotas and ceilings  for  certain
      agricultural  and  industrial  products  and  establishing  a  reduced
      variable   component  for  certain  processed  agricultural   products
      originating  in Hungary, Poland and the territory of the former  Czech
      and Slovak Federal Republic (1993);

   -  extending for two months the provisional anti-dumping duty on  imports
      of television camera systems originating in Japan.

   The  Council also adopted a Regulation laying down special  measures  for
   the import of olive oil originating in Tunisia.

   The preferential arrangements laid down in the Additional Protocol to the
   Co-operation Agreement with Tunisia for a period of two years relate to a
   quantity  of 46 000 tonnes of olive oil per marketing year in return  for
   the collection of a levy equal to ECU 7,8 per 100 kg and will apply until
   31 October 1995.

   Free Trade Agreement between the EEC and Austria

   The  Council  adopted a Regulation repealing the  Regulation  adopted  on
   20 December 1993  withdrawing tariff concessions in accordance  with  the
   provisions  of  Articles 23(2) and 27(3)(a) of the Free  Trade  Agreement
   concluded between the Community and Austria (Grundig Austria GmbH).

   At  its  meeting  on  20 December 1993  (see  Press  Release  11394/93  -
   Presse 250)  the Council had adopted a Regulation reinstating a  14% duty
   on  television  sets produced by Grundig Austria GmbH to  deal  with  the
   distortion of competition and the impact on trade caused by aid which the
   Vienna Municipal Council had granted in May 1991 and June 1992.

   The  firm  had  repaid  part of the aid  (ÖS 67 million)  to  the  Vienna
   Municipal  Council,  the  sum repaid being the amount of  aid  which  the
   Commission  had  deemed incompatible with Article 23 of  the  Free  Trade
   Agreement.  The  Commission regarded the repayment as  having  eliminated
   the  distortion  of  competition and had accordingly  proposed  that  the
   Regulation be repealed.


   The  Council  adopted a Decision concerning the signing  and  provisional
   application by the Community of the International Cocoa Agreement 1993.

   European Economic Area

   The  Council approved, as regards the European Community, draft  Decision
   No 1/94 of the Joint Committee of the European Economic Area adopting the
   rules of procedure of the EEA Joint Committee.

   Convention on the establishment of Europol - Progress report

   The  Council  noted  a  progress  report  from  the  Presidency  on   the
   discussions  relating to the draft Europol Convention and  requested,  in
   line with the European Council's conclusions of 29 October 1993, that the
   discussions be continued, on the basis of the provisional text as it  now
   stood, with all due speed.

   Telecommunications and postal services

   Following the agreement reached at the Telecommunications Council meeting
   on 7 December 1993 (see Press Release 10891/93 - Presse 224), the Council
   formally adopted Resolutions on:

   -  universal service principles in the telecommunications sector;

   -  the development of Community postal services.

   Coal industry - Commission report for 1992

   The Council noted the Commission's report on the application of Community
   rules for State aid to the coal industry in 1992.

   Biotechnological inventions

   Following   the   political   agreement  reached  at   its   meeting   on
   16 December 1993  (see Press Release 11194/93 - Presse 241), the  Council
   formally  adopted by a qualified majority (Denmark, Spain and  Luxembourg
   voted  against)  its  common  position on  the  Directive  on  the  legal
   protection  of  biotechnological  inventions.  The  Danish,  Spanish  and
   Italian  delegations'  explanations  of  their votes  will  be  found  in
   Annex I.

   This Directive seeks to harmonize the conditions for issuing patents  for
   biotechnological  inventions  and certain other related  provisions,  for
   example the scope of the protection conferred by such patents, in view of
   the  so-called  farmer's  privilege,  or  the  possibility  of   granting
   compulsory licences on such patents.

   The  conditions  for  issuing patents include  strict  criteria  for  the
   patentability of procedures and methods which interfere with the physical
   integrity  of man or animals; the effects of harmonization will  be  felt
   most  as regards national patents issued by national patent  offices;  it
   will be less noticeable with European patents, which will continue to  be
   issued  by the European Patent Office using similar criteria set  by  the
   Munich  Convention.  However, even with European patents, the effects  of
   harmonization  will be felt at the post-issue stage, if the  patents  are
   contested  in  proceedings  for infringement  or  revocation  before  the
   national courts.

   According to the common position, Member States are to put the  Directive
   into national law by the end of 1996 at the latest.

                                     - - -



   On  1 February 1994  the  Council  adopted by  the  written  procedure  a
   Regulation  imposing definitive anti-dumping duties on imports  into  the
   Community  of ethanolamine (with the exclusion of salt  of  ethanolamine)
   originating in the United States of America, and collecting  definitively
   the provisional duties.

   The amount of the duty is the difference between the CIF price  Community
   frontier  per  tonne, exclusive of duty, when lower,  and  the  following

   (a)  in the case of monoethanolamine                   ECU 606
   (b)  in the case of diethanolamine                     ECU 584
   (c)  in the case of triethanolamine
      - with a content of less than 99%                   ECU 609
      - with a content of 99% or more                     ECU 652

                                     - - -


   Legal protection of biotechnological inventions - Explanation of votes

   Statement by the Danish delegation:

   "The Danish delegation is not satisfied with the content of this proposal
   for a Directive and is therefore voting against it.

   The Danish delegation is opposed to the granting of patents for  products
   for animals.  It considers it artificial, in the patent field, to make  a
   distinction  between animals and breeds of animals and that the  European
   Patent Convention did not originally intend to add this distinction.

   So as to safeguard both ethical and economic interests concerning  animal
   patents,  the  Danish delegation proposed that in  certain  circumstances
   patents be granted for processes for animals while introducing, as far as
   the  outcome  of  these processes was concerned,  the  principle  of  the
   farmer's  privilege  with  regard to the animals. This  proposal  by  the
   Danish delegation did not obtain the requisite support.

   Moreover,  the  proposal  for  a  Directive  is  not  sufficiently  clear
   regarding  the  limitation of the possibilities for  obtaining  a  patent
   concerning  the  human  body.  Above  all,  the  text  of  the  provision
   concerning the genetic modification of the human body implies a  position
   of which it is impossible to evaluate all the consequences at present."

   Statement by the Spanish delegation:

   "The  Spanish  delegation considers that any process  for  modifying  the
   genetic  identity of the human body must be excluded from  patentability.
   It  is  not  possible to draw distinction  between  processes  which  are
   contrary  to  the dignity of man and processes which are  not  since,  in
   essence,  imperative ethical considerations dictate that no  process  for
   modifying genetic identity should be patentable.

   Secondly,  not just on ethical grounds but also for technical  patent-law
   reasons,  the  Spanish  delegation does not consider  it  acceptable  for
   methods  of treatment by surgery or therapy, more specifically  processes
   of gene therapy, to be patentable.

   The  Spanish delegation takes the view that the Treaty  establishing  the
   European  Community  does  not provide any powers  for  action  regarding
   patents  and therefore this proposal cannot be based on Article 100a  but
   would in any event have to be adopted on the basis of Article 235 of  the

   The  Spanish  delegation  is therefore voting against  the  proposal  and
   reserves the right to exercise such legal remedies as the Treaty  affords
   in  order  to  have the Directive based on what it considers  to  be  the
   proper legal basis."

   Statement by the Italian delegation:

   "While  in  favour  of  the text of  the  common  position,  the  Italian
   delegation considers it necessary to draw attention to the ethical aspect
   of the problems dealt with under this Directive.

   The  Italian  delegation reaffirms in particular its position  that  germ
   cells  and  products  resulting from  conceptions  are  unpatentable.  In
   addition,  the Italian delegation wishes to make it clear that germ  gene
   therapy  cannot  be recognized as patentable and  legitimate,  under  the
   13th recital of the common position.

   From  a technical point of view, the Italian delegation regrets the  fact
   that Article 16 of the common position does not provide for the  reversal
   of the burden of proof in the case of existing products as well.

   The  Italian delegation hopes that, in the further course of  proceedings
   for  the  Directive's adoption, the European Parliament and  the  Council
   will be able to give closer consideration to these points."

                                     * * *

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