WRITTEN QUESTION P-0713/01 by Erik Meijer (GUE/NGL) to the Commission. Support for the campaign against AIDS in the form of a stance backing the South African Pharmaceuticals Act.
Date: 2001-03-01
Institutions: European Parliament, Provisional data
Subjects: AIDS, South Africa, TRIPS, health legislation, health policy, intellectual property, international trade law, pharmaceutical industry, right to health

C 261 E/182

Official Journal of the European Communities

EN

18.9.2001

Answer given by Mr Nielson on behalf of the Commission

(30 March 2001)

In the last few weeks the European Commission Humanitarian Office (ECHO) has received information on
the situation in Mongolia from United Nations agencies, the Red Cross and other humanitarian organisa-
tions. According to the reports, Mongolia is experiencing a second consecutive winter of blizzards and
extremely low temperatures whose negative effects are exacerbated by the previous summer(cid:146)s prolonged
drought. Such climatic conditions result in serious humanitarian problems for the population in the
affected regions. They have lost a large proportion of livestock which is their main source of income.

ECHO is financing urgent humanitarian operations to meet the needs of the people in the most badly
affected regions. Their main priority is to satisfy immediate food requirements caused by the disastrous
winger ((cid:145)dzud(cid:146)). The Commission is in the process of approving a decision to grant aid worth € 1 030 000
for a period of six months. This is in addition to the aid granted by ECHO in 2000 which was worth
€ 1 875 000 to assist Mongolian families suffering from the consequences of the harsh winter of 1999/
2000 and the subsequent drought.

The Commission is continuing to assist Mongolia through the TACIS programme. It aims to facilitate its
transition towards a market economy by supporting reforms begun by the Mongolian government. Its
long-term aim is to help reduce Mongolia(cid:146)s vulnerability to the economic effects of natural disasters.

(2001/C 261 E/207)

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 (cid:145)would negatively
affect the interests of the European pharmaceutical
industry(cid:146), 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

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Official Journal of the European Communities

C 261 E/183

implementation of the TRIPs Agreement,

full
property legislation which is more stringent than the Agreement requires.

it does not push WTO members to adopt intellectual

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(cid:146)s knowledge, the letter
never got a reply. The Commission does not see much point in withdrawing a letter (cid:129) 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
the Commission has for long been providing
and the related social and economic consequences,
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.

(2001/C 261 E/208)

WRITTEN QUESTION E-0718/01

by Enrico Ferri (PPE-DE) to the Commission

(8 March 2001)

Subject: Use of satellite dishes and freedoms on the single market

Can the Commission say whether it intends in the near future to submit a document clarifying the
relationships between the freedom to provide services underlying the single market and the rules
governing the use of satellite dishes?

A document on that subject, in the form of a communication setting out the terms in which the above
relationships were to be interpreted, was already included in the 2000 work programme but has not yet
materialised.

Satellite dishes provide an easy means of receiving advanced-technology services (radio, TV, Internet, etc.)
from other countries and thus help to foster contacts between the Union(cid:146)s different languages and cultures.
Since the costs are relatively affordable, they are becoming increasingly popular with families. However,
their use sometimes encounters unreasonable obstacles stemming from administrative formalities, charges,
or collective decisions connected with the management of jointly owned buildings.

Is the Commission prepared to say whether and within what limits, if any, it believes that the freedoms
offered by the single market can be brought to bear at the practical level to benefit consumers in this area
of their daily lives?

Answer given by Mr Bolkestein on behalf of the Commission

(3 May 2001)

As indicated in its answer to the Honourable Member(cid:146)s written question E-2216/99 (1), the Commission
wishes to reemphasise here the importance it attaches to the question raised by the Honourable Member.

The fact that users (cid:129) whether professionals or private individuals (cid:129) have the opportunity to receive
broadcasting or information society services easily and affordably is important both from the economic
point of view and from the point of view of increasing knowledge of the languages and culture of other
countries.