WRITTEN QUESTION E-1016/00 by Glenys Kinnock (PSE) to the Commission. Access to essential drugs in developing countries.
Date: 2000-04-04
Institutions: European Parliament, Provisional data
Subjects: TRIPS, World Trade Organisation, developing countries, international negotiations, right to health, technical cooperation

20.2.2001

EN

Official Journal of the European Communities

C 53 E/57

Moreover, the Commission has undertaken consultations with the Member States, the agencies responsible
for implementing legislation, industry and the authorities competent for the protection of personal data in
order to determine what measures should be proposed in this area at European level. A Commission
communication to Parliament and the Council is planned for July 2000.

As far as speculative or abusive reservation of Internet domain names ((cid:145)cybersquatting(cid:146)) is concerned, the
Commission indicated in its communication (cid:145)The organisation and management of
the Internet (cid:129)
international and European policy issues 1998-2000(cid:146) (3), that it intends to make a proposal for a code of
conduct or another appropriate instrument that would restrict the scope of current abuses in this area. In
addition, when formulating the registration policy for the proposed top level domain (cid:145)EU(cid:146), the Commission
will ensure that the possibilities for abuses in this domain are minimised.

As regards research, the Information Society technologies programme supports research and development
projects on technology and security and privacy infrastructures. In particular, the work programme for
2000 contains a heading under key action II which is intended to encourage technologies reinforcing
security, particularly those making it possible to prevent and combat abuses perpetrated through
infrastructures, such as fraud and criminal activities, as well as technologies aimed at reinforcing users
control over their personal data. These actions reinforce projects underway and the results already obtained
Infosec, AXTS or
from research projects funded under previous programmes such as Esprit, ETS,
Telematics.

(1) OJ L 281, 23.11.1995.
(2) OJ L 24, 30.1.1998.
(3) COM(2000) 202 final.

(2001/C 53 E/066)

WRITTEN QUESTION E-1015/00

by Mark Watts (PSE) to the Commission

(4 April 2000)

Subject: Export of cattle to third countries

How may live cattle were exported from the EU to third countries in 1999, and how much was paid out
in export refunds for live cattle exports to third countries in the period from 16 October 1998 to
15 October 1999?

Answer given by Mr Fischler on behalf of the Commission

(19 May 2000)

In 1999, 323 000 live cattle were exported to third countries.

Export refunds for live cattle paid in the financial year 1999 totalled € 92,3 million.

(2001/C 53 E/067)

WRITTEN QUESTION E-1016/00

by Glenys Kinnock (PSE) to the Commission

(4 April 2000)

Subject: Access to essential drugs in developing countries

Does the Commission agree that dealing with complex issues, such as access to essential drugs, within the
framework of
the WTO(cid:146)s Agreement on Trade-Related Intellectual Property Rights (TRIPs), requires
substantial technical knowledge at national level?

C 53 E/58

Official Journal of the European Communities

EN

20.2.2001

What plans does the Commission have to improve the capacity of, for example, the WTO to enable it to
support those governments that lack the necessary technical expertise and require support in order to
improve their negotiating capacity?

Answer given by Mr Lamy on behalf of the Commission

(19 May 2000)

The issue of access to medicine is indeed complex and covers a wide variety of aspects, such as
development, health care, funding, transfer of technology, production capacity, and education. Intellectual
property rights, and in particular the Agreement on trade-related aspects of intellectual property rights
(TRIPs) continue to be given a prominent place in this debate.

The Commission considers that the issue of access to medicine has evolved towards a much wider issue of
access to health. This problem can only be considered as a general health problem and not as a pure
intellectual property rights issue. The key is probably the lack of purchasing power in developing
countries.

The Community recognises the need to address the issue of access to medicine in a broad context and to
promote a broader dialogue aimed at enhanced action which will have direct impact on the availability
and access to essential medication for developing countries. It is also important that both the research and
development (R&D) based pharmaceutical industry and generic producers are involved in finding solutions.

The Commission believes that in order to develop access to medicinal drugs for developing countries a
global strategy should be considered including innovative financing mechanisms for drugs, more invest-
ment for R&D for diseases most affecting developing countries, and technical assistance to attain full
benefit of the TRIPs provisions.

(2001/C 53 E/068)

WRITTEN QUESTION P-1024/00

by Paul R(cid:252)big (PPE-DE) to the Commission

(29 March 2000)

Subject: Competence of the European Court of Justice in competition proceedings in applicant countries

One of the purposes of the pre-accession strategy is to prepare the EU(cid:146)s applicant countries to deal with
the rules and procedures of the single market, and particularly to ensure that the national authorities are
familiar with the (cid:145)acquis communautaire(cid:146).

Under the principles of administrative procedures a Union citizen or business can appeal to the European
Court of Justice when the powers of the European Union are affected (cid:129) as in the case of merger controls.

In the Commission(cid:146)s view, can the Court also be invoked in proceedings in applicant countries, for
instance on the basis of association treaties or other agreements?

Answer given by Mr Prodi on behalf of the Commission

(9 June 2000)

Article 234 (formerly Article 177) of the EC Treaty clearly provides that the courts of the Member States
alone may request the Court of Justice to give preliminary rulings on questions concerning the validity and
interpretation of Community law. This means that a court of a third country, even if that country has
applied for accession, may not ask the Court of Justice for a preliminary ruling.