THE RIGHTS OF THE EMBRYO AND THE FOETUS UNDER DUTCHLAW legislator also considers reproductive cloning to be in conflict with human dignity, although it does wish to leave room for non-reproductive(therapeutic) cloning techniques. With the aid of these techniques(for example, cell transplantation)cells and tissue can be developed which will be of great value for transplantation purposes By means of the interpretative declaration to the Supplementary Protocol on Cloning the Netherlands wished to leave this possibility open. The Embryo Act therefore contains a prohibition on both types of cloning, although the ban on therapeutic cloning will expire after5 years(Art. 24 sub a Embryos Bill). Thereafter, therapeutic cloning will become possible, although subject to strict conditions.35 6.3 Controloverembryos Persons of full age who are legally competent can offer so-called residue embryos 6 for the benefit of a lim ited list of purposes: the pregnancy of another(donation), the ultivation of embryonic cells for those purposes referred to in the bill, and for carrying out medical research(Art. 8 para. I Embryos Bill). This should take phce in writ ing and there should be no payment involved( the non-commercial principle ). If there should be a difference of opinion among those involved (the couple on behalf of whom the embryos have been created)then this procedure will not take place(Art 8 para. 2 Embryos Bill). The donor will have no control over the possible subsequent destination for research purposes, considering the fact that these persons are aware beforehand that this situation can arise and that they could have relinquished this possibility if they had not been in agreement. 37 6.4 Scientific research using in-vitro embryos Embryos Bill regulates scientific research using embryos in vitro as well as in a differentiation should be made between scientific research using residue embryos and embryos especally created for scientific research. The Bio-ethics Treaty determines in its Art. 18 para. I that where the lw allows research on embryos in vitro, it shall ensure adequate protection of the embryo. Scientific research is therefore allowed and the legislator thereby has a broad freedom as regards policy as it has not been exactly determined which fomm of protection should research: the creation of human embryos forresearch purposes is prohibited, ffic e offered. Art. 18 para. 2 forbids the special cultivation of embryos for scientific The Dutch legislator considers that by taking respect for human lif departure, it should in principle be cautious as to the use of embryos for scientific The creation of embryos for the purpose of cultivating embryonic cells will be lmited to situations where transplants can only take place if such cells are cultivated for thi purpose, Art. 9 para. I Embryos Bill These are theembryos whichremain afterIVF treat 37 Parl Docs. 11, 200001, 27423, no 3, P. 53. According Braake it s unjust that the donor These provis ons have given rise t d scuss ons in a ofMember States as t whether or ot thereshould be restrictions attached, Te Braake, 2001, p 52.THE RIGHTS OF THE EMBRYO AND THE FOETUS UNDER DUTCH LAW 7 legislator also considers reproductive cloning to be in conflict with human dignity, although it does wish to leave room for non-reproductive (therapeutic) cloning techniques. With the aid of these techniques (for example, cell transplantation) cells and tissue can be developed which will be of great value for transplantation purposes. By means of the interpretative declaration to the Supplementary Protocol on Cloning the Netherlands wished to leave this possibility open. The Embryo Act therefore contains a prohibition on both types of cloning, although the ban on therapeutic cloning will expire after 5 years (Art. 24 sub. a Embryos Bill). Thereafter, therapeutic cloning will become possible, although subject to strict conditions.35 6.3 Control over embryos Persons of full age who are legally competent can offer so-called residue embryos36 for the benefit of a limited list of purposes: the pregnancy of another (donation), the cultivation of embryonic cells for those purposes referred to in the Bill, and for carrying out medical research (Art. 8 para. 1 Embryos Bill). This should take place in writing and there should be no payment involved (the non-commercial principle). If there should be a difference of opinion among those involved (the couple on behalf of whom the embryos have been created) then this procedure will not take place (Art. 8 para. 2 Embryos Bill). The donor will have no control over the possible subsequent destination for research purposes, considering the fact that these persons are aware beforehand that this situation can arise and that they could have relinquished this possibility if they had not been in agreement.37 6.4 Scientific research using in-vitro embryos The Embryos Bill regulates scientific research using embryos in vitro as well as in vivo. A differentiation should be made between scientific research using residue embryos and embryos especially created for scientific research. The Bio-ethics Treaty determines in its Art. 18 para. 1 that where the law allows research on embryos in vitro, it shall ensure adequate protection of the embryo . Scientific research is therefore allowed and the legislator thereby has a broad freedom as regards policy as it has not been exactly determined which form of protection should be offered. Art. 18 para. 2 forbids the special cultivation of embryos for scientific research: the creation of human embryos for research purposes is prohibited . 38 The Dutch legislator considers that by taking respect for human life as a point of departure, it should in principle be cautious as to the use of embryos for scientific 35. The creation of embryos for the purpose of cultivating embryonic cells will be limited to situations where transplants can only take place if such cells are cultivated for this purpose, Art. 9 para. 1 Embryos Bill. 36. These are the embryos which remain after IVF treatment has taken place. 37. Parl. Docs. II, 2000/01, 27 423, no. 3, p. 53. According to Te Braake it is unjust that the donor has no say in the matter, 2001, p. 34. 38. These provisions have given rise to discussions in a number of Member States as to whether or not there should be restrictions attached, Te Braake, 2001, p. 52