10. Calls on the Commission and Council for a global report on the situation, cooperation and ini-
tiatives in the region, and calls on the Commission and Council to submit to it, as soon as possible,a joint EU strategy for the southern Caucasus, taking account of the interests of those countries’ popu-lationsandofthe EU in a region ofEurope which occupies a strategic positionas the gateway ofEuropetoCentral Asia;
11. Instructs its President to forward this resolution to the Commission, the Council and the govern-
mentsofArmenia, Azerbaijan andGeorgia.
21. Political situation in Myanmar (Burma)
B5-0622, 0639, 0650, 0656, 0657 and 0664/2001
European Parliament resolution on the political situation in Burma
The European Parliament,
Mdash having regard to its previous resolutions on Burma, in particular its resolutions of 16September
1999(1), 18May 2000(2), 7September 2000(3)and16November 2000(4),
Mdash having regard to Common Position 96/635 CFSP on Burma/Myanmar of 28October 1996 and the
extension thereof of9April 2001,
Mdash having regard to Council Regulation (EC) No 552/97 of 24March 1997 temporarily withdrawing
access togeneralised tariffpreferences fromthe Union ofMyanmar(5),
Mdash havingregardtoCouncilRegulation(EC)No1081/2000of22May2000prohibitingthesale,supply
and export to Burma/Myanmar of equipment which might be used for internal repression or terror-ism, and freezing the funds of certain persons related to important governmental functions in thatcountry(
6),
A. whereas December 2001 will mark the tenth anniversary of the award of the Nobel Peace Prize to
Aung San Suu Kyi and this will be recognised in Oslo, Norway; whereas Aung San Suu Kyi was
awarded the SakharovPrize forFreedom ofThought in 1990,
B. whereas Aung San Suu Kyi, who has constantly tried to restore democracy through peaceful means,
and other leading figures from the National League for Democracy (NLD) have been under housearrestforover ayear, andwhereas thegovernmentstilldeclines toindicate anydatefortheir release,
C. whereasAungSanSuuKyi,asleaderofthedemocraticallyelectedmajorityparty,theNationalLeague
forDemocracy, is the onlylegitimate representative ofthe Burmese people,
D. having regard to Japan’s decision to resume aid to Burma in order to encourage talks between the
military junta andthe oppositionparty, the NLD,
E. whereas talksbetween the country’smilitary rulers andAung SanSuu Kyi, which were negotiated by
the UN Special Envoy, Razali Ismail, have nowbeen taking place for eleven months, and can beconsidered animportant step,
(1) OJ C 54,25.2.2000,p.111.
(2) OJ C 59,23.2.2001,p.284.
(3) OJ C 135,7.5.2001,p.283.
(4) OJ C 223,8.8.2001,p.335.
(5) OJ L 85,27.3.1997,p. 8.
(6) OJ L 122,24.5.2000,p. 29.11.4.2002 EN C87E/263 Official Journal ofthe European Communities
Thursday 4 October 2001
F. whereas the EU Troika mission, which visited Yangon in January 2001, was able to confirm the
existence of talks between the leaders of the NLD and the SPDC and concluded that these contactswere promising, butthat they were at a delicate stage andnotirreversible,
G. whereas theabsenceofdemocracyinBurmaisconducivetothepresence ofarmedgroupswithlinks
tointernational terrorism,
H. whereasthesystematicuseofforcedlabourcontinuesinBurmainspiteofrepeatedpromisesmadeby
the Burmese authorities to the InternationalLabour Organisation,
I. havingregardtothediscriminatorytreatment,includinghumanrightsabuses,oftheethnicminorities
in Burma, which represent up to 40% of the population, including the continuing policy of forced
relocation andthe forcedlabour practices imposedonthe Karen, Karenni andShan people,
J. whereas the International Federation of Chemical, Energy, Mine and General Workers Unions has
called on oil and gas companies ‘to cease investment in Burma while the use of forced labour con-tinues’,
K. whereas the InternationalConfederationofFree Trade Unionshascalled for the impositionofinvest-
mentsanctionsonBurma,
L. whereastheCouncilisduetoreview itscommonpositiononBurma/Myanmar attheendofOctober
2001,
M. reiterating its condemnation of the failure to respect the results of the May 1990 elections and the
maintenance of military rule, and regretting that the Committee representing the People’s Parliament
created in 1998, which represents the Parliament elected in 1990, has still not been allowed to con-
vene,
1. Welcomesthe talksinitiated bythe UN Special EnvoyRazali Ismail;
2. Urges the SPDC to schedule regular visits by the UN Special Envoy in order to reassure the inter-
nationalcommunitythatthe talksare makingprogress;
3. Urges the military to speed up the process of political dialogue since the confidence-building secret
talkshave nowbeen going onfor almosta year;
4. Callsfor caution in relation to the talks,given that there has not yet been any substantial release of
political prisoners, and it is increasingly clear that substantive issues have not yet been discussed in thepolitical dialogue taking place between Aung SanSuu Kyi andthe military junta;
5. Stresses that there is no information emanating from the talks between Aung San Suu Kyi and the
militarygovernment,andthereforecallsforaclearjointstatementfrombothpartieswhichwouldgivetheinternationalcommunityandthepeopleofBurmatheessentialinformationtheyneedontheprogress,orotherwise, ofthe talks;
6. Urges the SPDC to demonstrate convincingly its intention to bring about national reconciliation by
initiating a broader dialogue andpromotingfurther progress towardsdemocratisation;
7. Notes with satisfaction a number of demonstrations of good will on the part of the military junta,
including the reopening ofsomelocalbranches ofthe NLD;
8. Welcomesthereleaseofanestimated160politicalprisonerssincethebeginningoftheyear,includ-
ingthePresidentandVice-PresidentoftheNLD,butcallsforacleartimetabletobedrawnupfortheearlyrelease ofthemanyremaining hundredsofpoliticalprisoners,andbelieves thatAungSanSuuKyi shouldbe allowedimmediate freedomofmovement;
9. BelievesthatintheabsenceofanyprogressinthetalksinRangoontheEUcommonpositionshould
notbeweakenedinanyway,andshouldinfactbestrengthenedtoincludeactiononinvestmentsanctionsif noprogress is made in the talksby the next time the EU commonpositionisreviewed;C87E/264 EN11.4.2002 Official Journal ofthe European Communities
Thursday 4 October 2001
10. Stresses that the military regime in Rangoon needs to understand that the EU does not regard
minimal concessionsas a sign ofreal change;
11. Urges the SPDC to take steps to improve the human rights situation and to put an end to the
widespread practice of torture, extra-judicial executions, the repression of ethnic minorities, as well as to
massive forced relocations and civilian abuse; strongly condemns the violation of the rights of the Shan,Karenni andKaren people;
12. Stresses the need to implement strictly the lawof October 2000 banning the use of forced labour
andtoensure the actual end ofthis widespread practice;
13. CallsontheCommissiontoinvestigatehowhumanitarianaidcanbedeliveredtotheareasmostin
need ofit with minimumpolitical interference by the military;
14. Instructs its President to forward this resolution to the Council, the Commission, ASEAN member
states,the NLD andAung SanSuu Kyi andthe SPDC.
22. Patenting of human genes
B5-0633, 0641, 0651 and 0663/2001
European Parliament resolution on the patenting of BRC A1 and BRC A2 (‘breast cancer’) genes
The European Parliament,
Mdash recalling its resolution of 30March 2000 on the decision by the European Patent Office with regard
to patent No EP 695 351 granted on 8December 1999(1), calling on the EPO ‘to ensure that all …
patentapplicationsin Europe donotviolate theprinciple ofnon-patentabilityofhumans,their genesor cellsin their natural environment …’,
Mdash havingregardtothe‘Adviceonthepatentabilityofthehumangenome’,adoptedbyconsensusbythe
InternationalBioethicsCommitteeofUnesco(IBC)attheconclusionofitsEighthSessionon14Sept-ember2001whichstates‘thattherearestrongethicalgroundsforexcludingthehumangenomefrompatentability’andfurtherrecommends‘thattheWorldTradeOrganisation(WTO),initsreviewoftheTRIPSAgreement, clarifythat,inaccordancewiththeprovisionofArticle27(2)1,thehumangenomeisnotpatentableonthebasisofthepublicinterestconsiderationssetouttherein,inparticular,publicorder, moralityandthe protection ofhuman life andhealth’,
A. whereas a US company,Myriad Genetics, hasbeen granted USpatentsonthe so-called‘breastcancer
genes’BRCA1andBRCA2andhasappliedtotheEuropeanPatentOfficeforpatentsonthesegenesas well,
B. whereas, in the US, genetic laboratories are licensed by Myriad Genetics to test for a very limited
number of mutations of BRC A1 and 2 only (with a fee payable) and are obliged to refer for anyfurther testing toMyriad Genetics, thusincurring further andconsiderable expense,
C. whereas cheaper andmore effective methodsof testing for breast cancer genes BRC A1 and BRC A2
exist in the European Unionandwhereas the existing US patentsare already impeding their use,
D. whereas the European Patent Convention, in particular its Article52.2(a), stipulates that no patents
shall be granted for discoveries, and Article53(a) excludes from patentability inventions, the pub-lication or exploitation ofwhich wouldbe contrary topublic order or morality,
(1) OJ C 378,29.12.2000,p. 95.11.4.2002 EN C87E/265 Official Journal ofthe European Communities
Thursday 4 October 2001