WRITTEN QUESTION P-2672/00 by Hanja Maij-Weggen (PPE-DE) to the Commission. A letter from Sir Leon Brittan concerning cheap medicines for Africa.
Date: 2000-08-02
Institutions: European Parliament, Provisional data
Subjects: AIDS, South Africa, cooperation policy, health costs, health legislation, health policy, intellectual property, interest group, pharmaceutical industry, poverty, right to health

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Official Journal of the European Communities

EN

8.5.2001

(2001/C 136 E/020)

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(cid:146)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(cid:146)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(cid:146)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(cid:146)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,
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.

including through recourse, under certain conditions,

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.

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The communication identifies three broad areas for action:

(cid:129) maximising access to, and effective use of, existing interventions, by strengthening health service

infrastructures;

(cid:129) 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;

(cid:129) 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.

(2001/C 136 E/021)

WRITTEN QUESTION E-2327/00

by Klaus-Heiner Lehne (PPE-DE) to the Commission

Subject: UK Immigration and Asylum Act 1999

(11 July 2000)

The British Immigration and Asylum Act 1999 lays down a series of requirements for group travel to the
United Kingdom which prompt doubts about their compatibility with EU legislation on freedom of
movement. They provide in the case of travel by bus, for example, that a passenger list including the full
name, age and sex of all travellers is required. If this requirement is not met, or the passports and identity
papers of travellers are no longer valid, the responsible business or organiser is liable to a fine for each
offending passenger. Should there be a visa requirement, this visa must be appended to the passenger list
by the responsible business or organiser. If this has not been done, or the visa is not valid, the responsible
business or organiser must pay a fine of GBP 2 000 for each offending passenger.

Is it compatible with the rules on freedom of movement within the European Union that a travel

1.
organiser, e.g. a bus operator, should have to meet such obligations?

How does the Commission view the new provisions of the British legislature against the background

2.
of freedom of movement under European law?

3. What action might the Commission take against the British authorities?

Answer given by Mr Vitorino on behalf of the Commission

(25 October 2000)

Article 1 of the Protocol on the application of certain aspects of Article 7a of the Treaty establishing the
European Community to the United Kingdom and Ireland, which is annexed to the EU Treaty and the
EC Treaty, allows the United Kingdom to exercise at its frontiers with other Member States such controls
as it may consider necessary for the purpose of verifying that persons exercising rights conferred by
Community law are entitled to enter its territory and determining whether or not to grant other persons
permission to enter the United Kingdom.

As a result of these provisions, checks on the travel documents and visas of persons travelling to the
United Kingdom from other Member States are not contrary to European law, provided they are
compatible with the principle of proportionality and they do not create new obstacles to free movement
under Community law as it stands at present.