E-DRUG: Lamy answers EU Parliament on TRIPS and access to drugs
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[interesting exchange between 2 EU parliamentarians and Pascale Lamy, EU DG
Trade commissioner
on the letters that Sir Leon Brittan, ex-vice chair of EU wrote in March
1998 to President Mbeki of
South Africa Copied as fair use from EU website. The answer of Lamy
confirms the new EU position that
EU will not ask for TRIPS-Plus, but will be happy if developing countries
comply with the minimum
TRIPS requirements. See also a related decree (10 May 2000) by ex-president
Clinton, posted on E-drug.
NN]
EU Parliamentary questions
WRITTEN QUESTION E-2316/00
by Erik Meijer (GUE/NGL) to the Commission
(27 June 2000)
the interests of
European pharmaceuticals firms
1. The newspaper Trouw of 22 June 2000 published an alarming article
by Sietse Bosgra of the
Netherlands Institute for Southern Africa and Ellen 't Hoen of
M�decins sans Fronti�res. The
article said that the pharmaceuticals industry, with the support of
the European Union, is
organising a medical lobby to urge the South African government to
amend their legislation to the
detriment of the medical treatment of AIDS sufferers. Is the
Commission aware of this article?
2. The article refers to a letter from former Commissioner Leon
Brittan of 23 March 1998 to the
then Vice-President Mbeki expressing his concern at recent South
African legislation which,. He
maintained, would harm the interests of the European pharmaceuticals
industry? Is the
Commission aware of this letter?
3. It has been suggested that this letter was deliberately kept
secret. Can the Commission
confirm this and, if so, why does the Commission think this was done?
4. Is the Commission prepared to submit this letter to the European
Parliament for information?
5. If Commissioner Brittan really did make the abovementioned comment
in the letter, is the
Commission prepared to review this opinion and withdraw it?
6. Does the Commission agree that everything should be done to fight
the AIDS tragedy which is
occurring in South Africa (where every year 60 000 children are born
with the virus), and that
providing adequate supplies of affordable medicines is the first
prerequisite for success?
7. Is the Commission prepared to take action to ensure that both
children and their parents
receive the help they need in fighting the AIDS epidemic and that
human interests should take
far greater precedence than the profitability of the pharmaceuticals
industry?
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[2nd question, same topic]
Parliamentary questions
WRITTEN QUESTION P-2672/00
by Hanja Maij-Weggen (PPE-DE) to the Commission
(20 July 2000)
for Africa
Can the European Commission confirm the reports which appeared in the
Dutch morning
newspaper Trouw of 18 July 2000 that the former Commissioner Sir Leon
Brittan sent a letter to
the South African Government in 1998 protesting against a law
clearing the way for the
production and export of cheap medicines on the grounds that the law
would damage the
European pharmaceuticals industry.
Does the Commission agree that the availability in South Africa and
other African countries of
affordable medicines to treat diseases such as AIDS, tuberculosis and
malaria is infinitely more
important than the competitive position of the European
pharmaceuticals industry and that the
industry concerned therefore itself has a duty to produce affordable
medicines for developing
countries?
Is the Commission prepared to withdraw Sir Leon Brittan's letter?
What action is the Commission taking in order to help African
countries obtain affordable
medicines to combat endemic diseases in Africa, such as AIDS,
tuberculosis and malaria, not
least in the light of the recent AIDS conference in Durban?
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[Lamy's answer to the EU parliamentarians]
E-2316/00EN
P-2672/00EN
Answer given by Mr Lamy
on behalf of the Commission
(29 September 2000)
The Commission confirms that in March 1998 former Commissioner Sir Leon
Brittan sent a letter to then South African Vice-President M'Beki. In this
letter, the Commissioner in charge of trade at that time expressed concern
that a law amending the South African Medicines and Related Substances
Control Act might be incompatible with South Africa's obligations under the
Agreement of trade related aspects of intellectual property rights (TRIPs)
of the World Trade Organisation (WTO) and that its implementation would
negatively affect the interests of the European pharmaceutical industry. A
copy of this letter is forwarded direct to the Honourable Members and to
Parliament's Secretariat.
The Commission is of the opinion that international protection of
intellectual property rights is essential in order to encourage investment
in research and development activities for pharmaceuticals and vaccines
targeted at life-threatening diseases such as HIV/AIDS, malaria and
tuberculosis. The Community pursues a policy of full implementation of the
TRIPs Agreement by all the members of the WTO. It should be noted in this
context that the TRIPs Agreement provides the necessary flexibility to
protect public health concerns, including through recourse, under certain
conditions, to compulsory licensing. While the Commission attaches great
importance to all WTO members adopting intellectual property legislation
which is fully compatible with their international obligations, it does not
push countries to adopt legislation that is more stringent than the TRIPs
Agreement requires.
The issue of access to health in developing countries is, however far more
serious and complicated than a simple concentration on the trade-related
aspects would suggest. The problem has to be addressed on several fronts.
This Commission, which made the issue of access to health one of its key
priorities, adopted on 20 September 2000 a communication setting out a new
framework for an accelerated Community action targeted at major
communicable diseases (HIV/AIDS, malaria, tuberculosis) within the context
of poverty reduction. The communication identifies three broad areas for
action:
- maximising access to, and effective use of, existing interventions, by
strengthening health service infrastructures;
- increasing access and affordability of key pharmaceuticals through a
comprehensive approach, which could include, inter alia, differential
pricing, voluntary licensing agreements, parallel trading, increase in
local production, dismantling of tariffs and review of national taxation
schemes;
- and enhancing investment in research and development targeted at the
three diseases, including through innovative private and public
partnership.
The Commission is pursuing a broad-based dialogue with all concerned on
this framework for action. A high-level round table, involving the WHO,
UNAIDS, and the WTO, senior government representatives from developing
countries and Member States, members of the Parliament, representatives of
civil society, European pharmaceutical companies and research agencies is
scheduled for 28 September 2000.
[end]
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