RESOLUTION(1)

on the WTO millennium round of negotiations

The ACP-EU Joint Assembly,

- meeting in Strasbourg (France) from 29 March to 1 April 1999,

A. having regard to its resolution on biotechnology (ACP-EU 2613/98/fin.) of May 1998,

B. having regard to the GATT agreement on Trade-Related Aspects of Intellectual Property (TRIP), the ongoing negotiations for revising Article 27.3b and the proposals for a new "Millennium" comprehensive round of trade negotiations,

C. having regard to the Convention on Biological Diversity (CBD), which recognises in Article 15 the sovereign rights of States over their own natural resources, stipulates in Article 15.5 that access to genetic resources must be subject to prior informed consent of the party providing the resources, and requires in Article 15.7 fair and equitable participation in the benefits derived from the utilisation of the genetic resources,

D. having regard to the EU Directive on the legal protection of biotechnological inventions (98/44/EC), and the legal challenges posed by the government of The Netherlands,

E. having regard to Article 130v of the Treaty of the European Union on coherence of policies, which states that the Community shall take account of the development objectives in the policies that it implements which are likely to affect developing countries,

F. having regard to the Lomé IVa Convention and its general policy objectives in terms of poverty eradication and sustainable development in general, and rural and agricultural development and food security in particular,

1. Recalls its ethical and development objections against patenting of plants and animals; and stresses its fear for long term negative impact on agricultural development and food security; deplores the development of sterile varieties by genetic manipulation ("terminator technology");

2. Considers that the integration of developing countries in world trade should be coupled with empowering them to participate in WTO decision-making procedures and to take advantage of dispute settlement mechanisms; calls therefore on European and ACP partners to work together on the creation of a legal aid centre independent of WTO and tailored to supporting developing countries in WTO procedures and mechanisms;

3. Therefore confirms that states should be free to make an exception for life forms in patent law;

4. Therefore also confirms sovereignty of the ACP states concerning access to, and utilisation of genetic resources;

5. Reconfirms the need for the new Lomé Convention to include provisions relating to the principles of Article 8(j) of the CBD concerning the preservation of knowledge, innovation and the practices of indigenous and local communities and their intellectual and cultural property rights, including approval, involvement and the equitable sharing of benefits of any use of such resources;

6. Calls on the EU and ACP states to stand firm in maintaining sui generis options which allow countries to develop alternative legislation to regulate biotechnology, intellectual property rights and related issues, to counterbalance biopiracy, and to strengthen the rights of local communities;

7. Calls on the European Commission and the EU Member States in particular to defend the sui generis options in article 27 3.b of the TRIPS agreement;

8. Calls on the EU and its Member States to support ACP states to develop legislation tailored to their own situation and interests;

9. Calls on the EU and ACP states to initiate a political dialogue and capacity building mechanism on the negotiations over the TRIPs Agreement in the WTO to ensure that the food security concerns of the developing world are taken into account fully in international trade rules;

10. Requests the European Commission to inform the Assembly in its next meeting on the state of affairs in the negotiations on the TRIPs Agreement and the steps taken to support ACP states to participate in those negotiations and to develop appropriate legislation on intellectual property rights;

11. Instructs its Co-Presidents to forward this resolution to the ACP-EU Council, the Commission and to the secretariat of the CBD.

(1) Adopted by the ACP-EU Joint Assembly on 1 April 1999 in Strasbourg (France).