WRITTEN QUESTION P-2672/00

by Hanja Maij-Weggen (PPE-DE) to the Commission

(2 August 2000)

Subject: A letter from Sir Leon Brittan concerning cheap medicines 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?

Joint answer to Written Questions E-2316/00 and P-2672/00 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.