WRITTEN QUESTION E-2316/00

by Erik Meijer (GUE/NGL) to the Commission

(11 July 2000)

Subject: Subordination of the fight against AIDS in South Africa to the interests of European pharmaceuticals firms

1. The newspaper Trouw of 22 June 2000 published an alarming article by Sietse Bosgra of the Netherlands Institute for Southern Africa and Ellen 't Hoen of Médecins sans Frontières. The article said that the pharmaceuticals industry, with the support of the European Union, is organising a medical lobby to urge the South African government to amend their legislation to the detriment of the medical treatment of AIDS sufferers. Is the Commission aware of this article?

2. The article refers to a letter from former Commissioner Leon Brittan of 23 March 1998 to the then Vice-President Mbeki expressing his concern at recent South African legislation which,. he maintained, would harm the interests of the European pharmaceuticals industry?

Is the Commission aware of this letter?

3. It has been suggested that this letter was deliberately kept secret. Can the Commission confirm this and, if so, why does the Commission think this was done?

4. Is the Commission prepared to submit this letter to the European Parliament for information?

5. If Commissioner Brittan really did make the abovementioned comment in the letter, is the Commission prepared to review this opinion and withdraw it?

6. Does the Commission agree that everything should be done to fight the AIDS tragedy which is occurring in South Africa (where every year 60 000 children are born with the virus), and that providing adequate supplies of affordable medicines is the first prerequisite for success?

7. Is the Commission prepared to take action to ensure that both children and their parents receive the help they need in fighting the AIDS epidemic and that human interests should take far greater precedence than the profitability of the pharmaceuticals industry?

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.