WRITTEN QUESTION E-0826/01

by Erik Meijer (GUE/NGL) to the Commission

(19 March 2001)

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

1. Is the Commission aware that, on 5 March 2001, hearings will begin in the Supreme Court in Pretoria in an action brought by 42 pharmaceutical companies against the Republic of South Africa in an effort to block the South African Pharmaceuticals Act which makes it possible for South Africa to produce and/or import affordable medicines to combat AIDS and other diseases?

2. Is it aware of the letter dated 22 February 2001 from Weemos, Niza and 22 other Dutch organisations seeking the Commission's support for the South African 1997 Pharmaceuticals Act, and what does it intend to do in response to that letter?

3. In general terms, and given the poverty prevalent in developing countries, does the Commission feel that enough is currently being done in terms of making available affordable medicinal products against AIDS? Does it share my view that support must be given to targeted measures, like the one taken by Cipla in Bombay and initiatives to procure affordable medicinal products in Brazil?

4. Does it agree with me that structural solutions must also be sought to the problem of the affordability of medicinal products? Does the Commission have any specific plans? If so, what are they, and when will they be made public?

Answer given by Mr Lamy on behalf of the Commission

(6 April 2001)

1. The Commission is aware of the judicial proceeding launched by pharmaceutical companies before the South African High Court against the South African State concerning the law amending the Medicines and Related Substances Control Act. However, it is not the Commission's practice to comment on proceedings before Courts, be it in Member States or in third countries.

2. As to the letter of 22 February 2001 from 24 Dutch associations, the Commission replied on 19 March 2001. A copy of the reply is sent directly to the Honourable Member and to the Parliament's Secretariat.

3. The Commission welcomes all initiatives to lower prices on essential medicines. It is of the opinion that the Agreement on trade-related aspects of intellectual property rights (TRIPs) provides the necessary flexibility for World Trade Organisation (WTO) member to protect public health concerns. The Commission is aware of the Brazilian initiative to provide affordable medicines to its human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS) patients and of a recent offer by Cipla of Bombay. However, it has not yet been provided with details of the initiatives.

4. It is the Commission's firm conviction that more needs to be done to improve access to health, including making medicines available, at affordable prices, to the populations of developing countries. That is exactly the reason why the Commission put in place a global strategy by mid-2000 and complemented it by its Programme for Action: Accelerated action on HIV/AIDS, Malaria and Tuberculosis in the context of Poverty Reduction(1) adopted on 21 February 2001. The Programme outlines the actions to be taken within the next five years, concentrating mainly on:

- optimising the impact of health, AIDS and population interventions via Community development assistance and global partnerships;

- strengthening of pharmaceutical policies and capacity building and developing capacity for local production of pharmaceuticals;

- establishing a global tiered pricing system for pharmaceuticals and reducing tariffs and other costs on pharmaceuticals;

- supporting WTO developing country members in implementing the TRIPs Agreement and promoting an international discussion on the link between the Agreement and public health protection issues;

- strengthening and increasing support for research and development in particular for vaccines.

This Programme for Action forms the basis of the Commission's policy with regard to communicable Diseases and poverty reduction, including the issue of access to affordable medicines.

(1) COM(2001) 96.published on the website: 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.