WRITTEN QUESTION E-3089/01 by Erik Meijer (GUE/NGL) to the Commission. Equating the fight against HIV/Aids and tropical diseases with measures to tackle anthrax by ensuring access to medicines for all.
Date: 2001-11-13
Institutions: European Parliament, Provisional data
Subjects: AIDS, TRIPS, United States, infectious disease, international trade, medicinal product, patent law, patents licence, pharmaceutical industry, right to health

29.8.2002

EN

Official Journal of the European Communities

C 205 E/23

(2002/C 205 E/022)

WRITTEN QUESTION E-3089/01

by Erik Meijer (GUE/NGL) to the Commission

(13 November 2001)

Subject: Equating the fight against HIV/Aids and tropical diseases with measures to tackle anthrax by

ensuring access to medicines for all

1.
Is the Commission aware of the report in the Dutch newspaper ‘Trouw’ of 20 October 2001 under
the headline ‘Anthrax forces US to infringe patent’ that there are calls in both the United States and Canada
for infringement of Bayer’s patent rights on the anti-anthrax drug ciproflaxin?

2.
Can the Commission confirm that the aim of the policy change referred to above is in fact to
authorise the production of a drug similar to ciproflaxin by for example Ranbaxy in India or by a
Canadian company, from which the Canadian government has apparently already ordered 900 000 tablets
of a cheaper version of the drug?

3.
Does the Commission share my view that this is a welcome development in that the health interests
of the American and Canadian populations are overriding the economic interests of the pharmaceutical
industry and that the Trips Agreement, which protects the intellectual property of the pharmaceutical
industry, can therefore now be set aside because of what the US and Canadian governments claim is a
national emergency?

4.
Does the Commission agree with me that this legitimate infringement of patent law would smack of
cynicism unless, at the same time, the developing countries are also generously authorised to set aside the
patent legislation of the Trips Agreement on the grounds of the permanent state of emergency in their
countries caused by the HIV/Aids epidemic and the massive spread of life-threatening tropical diseases that
has existed for years, to enable them to provide their populations with affordable medicines as soon as
possible?

5.
Is the Commission prepared, following on from the Khanbhai report on poverty reduction adopted
by Parliament on 4 October 2001, to ensure that its delegation vigorously supports the right of people in
the developing countries to health, health care and access to medicines at the upcoming fourth WTO
ministerial conference in Qatar?

Answer given by Mr Lamy on behalf of the Commission

(7 January 2002)

The Commission is aware of the discussion that has taken place between the United States and Canada and
the patent owner Bayer regarding sales of Ciproflaxin. The Commission understands that the matter has
been settled in both cases between the patent holder and the respective buyers without setting aside patent
rights, but it is not aware of any purchases of similar drugs from generic producers whether from India or
elsewhere.

To the knowledge of the Commission, no infringement of intellectual property rights has taken place in
the anthrax case, and neither the United States nor Canada have resorted to compulsory licences.

The Commission would point out that the trade-related intellectual property rights (TRIPs) Agreement
provides for the possibility to grant compulsory licences. As confirmed in the Declaration on the TRIPs
Agreement and Public Health adopted at the fourth World Trade Organisation (WTO) Ministerial meeting
at Doha, each Member has the right to grant compulsory licences and the freedom to determine the
grounds upon which such licences are granted. Also, each Member has the right to determine what
constitutes a national emergency or other circumstances of extreme urgency. The latter point is important,
as Members are allowed to grant compulsory licences using a fast-track procedure when facing a situation
of national emergency or extreme urgency.

C 205 E/24

Official Journal of the European Communities

EN

29.8.2002

The Declaration on the TRIPs Agreement and Public Health referred to above, and which is in line with the
position adopted by the Community before the Conference, represents a significant step forward in the
debate on access to medicines. It brings clarification with regard to the link between the TRIPs Agreement
and WTO Members’ right to adopt public health measures. In addition, it reflects the consensus reached on
the definition of the flexibility inherent in several relevant TRIPs provisions.

(2002/C 205 E/023)

WRITTEN QUESTION E-3100/01

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Additional municipal levy on forest products in Greece

(13 November 2001)

In Greece, in addition to normal VAT, a further municipal tax is levied on domestic forest products at the
primary processing (logging) stage. This tax is calculated each year by the Ministry for Agriculture and,
together with VAT, currently amounts to 17 % of the market price.

This additional municipal levy is to the benefit of imported timber and to the detriment of domestic forest
products. It creates serious economic and social problems for forest workers, their cooperatives and the
local economy of the disadvantaged and mountain regions of Greece. What measures will the Commission
therefore take to secure the abolition of the additional municipal tax levied by Greece on domestic forest
products at the primary processing stage, which undermines healthy competition and is contrary to EU
competition policy?

Answer given by Mr Bolkestein on behalf of the Commission

(21 December 2001)

Certain fiscal matters have been subject to harmonisation within the Community. This is the case for
valued added tax and for excise duties on tobacco, alcohol and mineral oils. There has been no
harmonisation of taxes on forest products. The Member States therefore remain free to levy the taxes they
see fit on these products, as long as they respect the general principles of the EC Treaty.

Article 90 (ex Article 95) of the EC Treaty prohibits discriminatory taxation by which a Member State gives
an advantage to its domestic products as compared to the products of other Member States. However, this
article does not prohibit fiscal measures which put a Member State’s own products at a disadvantage
compared to products of other Member States.

In view of this, the Commission has no intention to take measures in respect of the levy on forest products
in Greece.

(2002/C 205 E/024)

WRITTEN QUESTION E-3147/01

by Nicholas Clegg (ELDR) to the Commission

(14 November 2001)

Subject:

’Euro Made Easy’ information packs

Are British citizens allowed to receive the ‘Euro Made Easy’
information on the single currency? If not, why not?

information packs produced to provide