WRITTEN QUESTION P-0713/01

by Erik Meijer (GUE/NGL) to the Commission

(1 March 2001)

Subject: Support for the campaign against AIDS in the form of a stance backing the South African Pharmaceuticals Act

On 29 September 2000, in answer to a previous question I tabled to the Commission (E-2316/00)(1), Mr Lamy stated that the TRIPs agreement offered sufficient flexibility to ensure the protection of public health and that, in certain circumstances, it provided for obligatory authorisations. In that connection, and given the seriousness of the AIDS situation in South Africa, where 4,3 million people are suffering from the disease, is the Commission prepared to support the pharmaceuticals legislation adopted by the South African Government?

If so, is it prepared to notify that fact to the South African Government and also to inform it that the letter from Sir Leon Brittan dated 23 March 1998, in which he informed the South African Government, on behalf of the Commission, that the introduction of the new 1997 Pharmaceuticals Act would negatively affect the interests of the European pharmaceutical industry, will no longer serve as the basis for its policy?

(1) OJ C 136 E, 8.5.2001, p. 19.

Answer given by Mr Lamy on behalf of the Commission

(4 April 2001)

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 communicable diseases. The Commission considers that the Trade Related Intellectual Property Rights Agreement (TRIPs) provides necessary flexibility for World Trade Organisation (WTO) members to protect public health concerns, including recourse to, under certain conditions laid down in Article 31 of TRIPs,

compulsory licensing. Hence, while the Commission attaches importance to full implementation of the TRIPs Agreement, it does not push WTO members to adopt intellectual property legislation which is more stringent than the Agreement requires.

The letter of the former Member of the Commission responsible for trade, in which he raised the question of the compatibility of the law amending the South African Medicines and Related Substances Control Act with the WTO TRIPs Agreement, was sent in March 1998. To the Commission's knowledge, the letter never got a reply. The Commission does not see much point in withdrawing a letter the letter exists. The present Commission has made the fight against major communicable diseases a priority. With this objective in mind, it has put in place a global strategy, to improve access to health and adopted a programme for action (available at http://europa.eu.int/eur-lex/en/com/cnc/2000/com2000_0585en02.pdf and http://europa.eu.int/eur-lex/en/com/cnc/2001/com2001_0096en01.pdf.).

As regards the problems that the South African government is facing in terms of the HIV/AIDS epidemic and the related social and economic consequences, the Commission has for long been providing substantial support to South Africa through its bilateral co-operation programme. The Commission will continue to do so, and stands ready to enhance this support if South Africa so wishes.